Justice Committee on Nov. 28th, 2018

Evidence of meeting #122 for Justice and Human Rights in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was parenting.

A recording is available from Parliament.

On the agenda

Bill C-78

MPs speaking

Also speaking

Nicholas Bala Professor, Faculty of Law, Queen's University, As an Individual

Julie Guindon Lawyer, Mediator, Arbitrator and Parental Coordinator, Société professionnelle Julie I. Guindon, As an Individual

Robert Harvie Lawyer, Advisory Board Member, Huckvale LLP, National Self-Represented Litigants Project, As an Individual

Laurie Pawlitza Partner, Torkin Manes LLP, As an Individual

Linda Neilson Professor Emerita, University of New Brunswick, As an Individual

Kathy Vandergrift President and Chair, Board of Directors, Canadian Coalition for the Rights of Children

5:40 p.m.

Professor Emerita, University of New Brunswick, As an Individual

Dr. Linda Neilson

That list comes out of analysis of domestic violence cases in which judges have imposed assumptions about domestic violence that are not consistent with the research and the evidence.

The reason that list is included is to attempt to ensure that those presumptions are corrected. There are two ways of addressing that problem: one is through legislation, and the other is through ensuring that there is extensive judicial education in the family violence and domestic violence field.

Certainly the safety priority will help, as will the focus on only the best interests of the child. Those are very helpful.

5:40 p.m.

Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Thank you.

I want to jump now to an early part of your brief. You said, “In the absence of extensive specialized education, researchers in Australia have documented limited change in child safety practices after new family violence legislation was implemented in that country.”

I believe you're talking about the need for specialized education. Could you outline who needs that education? Is it judges, lawyers, counsellors? What kind of specialized education are we talking about?

5:40 p.m.

Professor Emerita, University of New Brunswick, As an Individual

Dr. Linda Neilson

In my view, we need specialized education across the board.

One of the problems that judges face is that many of the experts who are testifying before courts don't understand domestic violence. There is a particular problem in terms of an assumption that family violence is just between the adults; in fact, it is very much a child's best interest issue too, and it affects children fundamentally.

That's part of what is needed in an education program. We really need everybody who is helping families: mediators, evaluators, parenting coordinators, judges, experts testifying before the courts, people who are interviewing children. All of these people need education in this field.

5:45 p.m.

Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

It's education around family violence—how to identify it and that sort of thing—that we're looking for.

5:45 p.m.

Professor Emerita, University of New Brunswick, As an Individual

Dr. Linda Neilson

It's how to identify it, how it affects children, the long-term implications, how you assess risk and danger before you make decisions.

5:45 p.m.

Liberal

Ron McKinnon Liberal Coquitlam—Port Coquitlam, BC

Thank you. I think that's my time.

5:45 p.m.

Liberal

The Chair Liberal Anthony Housefather

Indeed.

I want to thank the witnesses for their testimony. It has been very helpful, and we really appreciate it.

We will now suspend. I am going to ask everyone in the room who is not on the committee or a staffer of the committee to leave, because we have an in camera session right now.

[Proceedings continue in camera]