Let us take for example how the word ensure is used in the following expression: "shall ensure that the former spouse is granted access". It is even more strongly worded in the English version, which reads:
“shall then ensure that the former spouse is granted access”.
The impression that is given is that the court will not only issue an order, but will do a follow-up to make sure that the former spouse has the right to access, and that he or she is able to see the child. We're talking about the execution of an order.
The courts cannot execute orders. This is done by the provinces. Therefore, the court does not have this power. This goes above and beyond the court's purview. In the Divorce Act, this type of wording is not used when talking about the courts. Often, there is mention of the courts being able to order something. That is the type of thing we should really be leaning towards.