Thank you.
Concerning the issue of the child's views, it's extremely important that this legislation recognize that, although the practice in Canada already is to take account of the views of children. The real issue is not whether in theory we do take account of the views of the child; the issue is how it is done. In fact, the biggest issue is the resources. It is largely a matter of provincial responsibility; the federal government could well support that, but it's primarily a provincial responsibility.
That said, it is going to vary by the nature of the case. One thing I did talk about in my brief that could well be here is to allow judges to meet with children—which, by the way, happens a great deal in Quebec. Judges meet with children. It can be very effective.
Is it the only way? Absolutely not, but it's something I'd like to see more of. It requires some education and training of judges, but Quebec judges are actually very good at it. In fact, we bring judges from Quebec who might have been real estate lawyers and they say, “Gee, I wasn't sure how to do this. I had a bit of training from some psychologists. Now I do it. I feel comfortable doing it.”
Children really appreciate meeting the judge. It's very important for children that they feel they've been heard, although it's not a complete solution.
A second thing is what we call “views of the child” reports. You have a social worker or a lawyer meet with the child and report what the child is thinking. They actually usually do it twice: once the mother brings the child, and once the father does so. It gives you a picture of what the child is thinking. This is something we're starting to do. A number of provinces have already done it, such as Nova Scotia. It's starting in Ontario and British Columbia. It can be very effective, because one of the problems is that children might be telling the parents slightly different things, and the parents are hearing different things. Each parent is getting a different message. A “views of the child” report is relatively inexpensive and relatively quick, and it really helps. We also have full psychological assessments that can be useful.
Is there a role for lawyers for children? Yes, although in my view it's much more so in child protection cases in which the child has been removed from both parents and the state is involved.
Is there a role for lawyers for children? Yes, but it would be somewhat limited in that when it happens, the primary thing that good children's lawyers do is negotiate with the parents. It goes back to the issue of dispute resolution. A lawyer for the child can be the most effective person to mediate the dispute, but if they're actually going to have a trial, bringing the child in as a party or a litigant can be problematic. It doesn't mean it should never occur, but it should be limited in the family context—