I will ask the same question I asked earlier, but formulated differently. In the Kazdan v. Kazdan case you cited, Ms. Kazdan had to prove before the courts that she was in the final stages of her terminal illness and that she wanted to return to Israel.
The amendment would be such that the lawyer or one of the parties would only have to prove that the person concerned is in the final stages of a terminal illness or is in what is referred to as critical condition. This must be proven first. You broke the clause down into two parts. I want to get back to the term you mentioned earlier. You do not agree with the use of the word "veille", the French equivalent of the word "ensure".
I will explain to you how I see these things, because if ever I have to plead such a case before the courts, I want to make sure I will do so properly. If I've understood the clause correctly, once the condition is proven, once the terminal stage is proven, the courts will ensure that I hold the right to see the child, to avoid any possibility of a dispute, as Mr. Casson was saying.
If the courts do not do so and do not exercise their authority, very often, there is an alienation of affection. Let us suppose that both spouses are in conflict, that the child is taken as hostage, and that one of the two parents is in the final stages of a terminal illness. The terminal illness is proven, the mother "loses it" and attacks my client. My client will not be able to see the child and may even die before seeing the child again. So, it is almost as though you are giving the court the power to issue an injunction order, but the court must ensure that a spouse is truly in the final stages of a terminal illness.
Suppose that the person is in the hospital and must appear before the court. The person is terminally ill and wishes to see his or her child. Imagine how difficult this would be. The court would have to go to the hospital, and the lawyer would have to provide medical reports. The person is already under enormous stress, is about to die, and is being asked to appear in court. Imagine this! Even during normal circumstances, this is a very long and difficult process.
This is why I believe in the use of the word "veille" or "ensure". Once it is proven that a person is in critical condition, or hospitalized, a judge must ensure that the person may see his or her child. That is how I interpret it.
Why do you disagree with the use of the word "ensure"? If we take out this word, a woman who does not want contact between her child and the ex-spouse will go to the Superior Court of Quebec, and the father will lose the right to see the child and die without ever seeing the child.
To my mind, the word "ensure" contains an element of authority; it is like an injunction. Why are you saying that the word "ensure" should not be used?