Thank you, Mr. Chair and honourable members.
As an advocate for women and children survivors of domestic violence, I believe the introduction of Bill C-78 is significant and long overdue. In the proposed Divorce Act, the best interests of the child take centre stage and key considerations of family violence, child poverty, accessibility and efficiency are taken into account. This new legislation will serve as a much-needed benchmark for family law practice Canada-wide, an exemplar for amendments to provincial and territorial legislation.
Finally the voices of survivors are being heard. Failing to take into account the impact of family violence has been a grave injustice and the fallout has been profound. We are now at a turning point in family law history and I applaud the justice minister for these progressive reforms and commend her commitment to protecting the best interests of the child.
This evening, I would like to make a number of recommendations, as my colleagues in the violence against women sector have made. I believe they would further improve the proposed legislation. Firstly, for a more timely, effective and easier approach to navigating the family court system, recommendation one calls for a unified family court system that permits all aspects of family law to be dealt with in a single court. The one court could determine all the legal issues in a family dispute related to property matters, divorce, custody and child protection.
Secondly, I call for the removal of the 40% rule in the federal child support guidelines. Given that women continue to disproportionately represent primary caregivers and carry the majority of children's expenses, this 40% rule will only continue to intensify the feminization of poverty. In addition, having time as a determinant to shared custody is inconsistent with upholding the best interests of the child as it can lead to a parent demanding more time with the child in order to avoid paying child support.
A much critically needed reform that we are pleased to see is the less onerous notice requirements for mothers forced to move location with their children because of safety concerns. The period of separation is particularly dangerous for those leaving abusive relationships. The intensity of violence escalates at this time as does the risk of domestic homicide both for women and children.
However, to enhance this amendment's efficacy, I recommend that greater structure and predictability is required for these relocation cases. The act does outline notice periods, jurisdiction and paramount consideration, but it may not go far enough for lawyers to give their clients a better idea of whether they will be successful or whether they are gambling with much-needed financial resources.
Unlike many other survivor advocates, I champion the measures that encourage alternative non-litigation processes. The dominant critiques are valid and definitely must be kept in mind to inform best practices to mitigate risks and ensure fairness. However, I believe that there is great potential so long as there is intentional forethought into how best these alternative approaches can be applied. I know that many of my colleagues did mention this screening, which is very critical.
Recommendation four calls on the federal government to increase its efforts towards greater innovation in the planning and implementation of these alternative family dispute resolution processes. Adaptations to best accommodate the needs of vulnerable parties may include mediation with a support person, and shuttle or caucus mediation where parties remain in separate rooms and the mediator acts as an information conduit. In high-risk cases, parties can be asked to visit the facility on different days or possibly there would be telephone or online mediation in some circumstances.
These considerations essential to safeguard survivors' needs lead me to my next recommendation, which calls for specialized training in family violence and cultural competence for mediators, family courts, judges, lawyers, custody evaluators and other court workers. Furthermore, there needs to be greater commitment and assurance for the betterment of education on these issues in Canadian law schools.
As you can all imagine, the impact of family violence further compounds the adversity and stress inherent to a family breakdown. Exacerbating these challenging times is trying to navigate the family court system, especially for those litigants having to self-represent. With that said, recommendation six calls for improved access to services and resources that could help and assist families throughout the separation process. This may include the provision of a free advocate, who would provide guidance and support, easy to access information and tools, and improved access to legal aid.
I thank you for this opportunity to share my thoughts on this incredibly valuable reform to family law in Canada.