Mr. Speaker, it is an honour today to speak to this private member's bill. My colleague from Mission-Coquitlam I know has worked very hard over the last few months travelling across the country talking to groups about this legislation. I would like to advise the House that the response out there has been overwhelming in support.
There are many voids in the Divorce Act. For example, at the present time in a divorce case grandparents do have to seek leave of the court to obtain standing to discuss the question of access to their grandchildren. This bill will give grandparents an automatic right to the standing to participate at court.
I am not a grandparent, but I hope to be some day. I think most of us want to experience that joy. Sure, it might make us feel a little older, but these days what does not make us feel older?
As parents and grandparents we want to see that our grandchildren have the best quality of life. There is nothing wrong with this. But the law can divide, and we need to mitigate against that. To me, grandparents have always seemed rather stable. Perhaps it stems from the notion that the older you get, the wiser you become.
I recently read an article in which a federal official was quoted as saying: "In the great majority of cases, it would be in the best interests of children to see their grandparents. They can be a real stabilizing force".
I understand the Minister of Justice is not quite in support of this legislation. Why? Apparently he feels that if Bill C-232 is passed the courts would be flooded with litigation, causing a tremendous backlog. I do not think so.
I spent enough time working within the British Columbia family and divorce courts to know that including grandparents in contested divorce cases will only improve matters, not make them worse. As the Divorce Act currently states in section 17(2), "a person other than a spouse may not make an application under paragraph 1(b) without leave of the court".
The minister may say that if we allow grandparents a say at the original hearing it will increase litigation. My experience says otherwise. Extended families must be encouraged to take more responsibility for their own and come to the rescue or backstop the social alternatives considered in child custody and access disputes.
In clause 3(1) it states: "On the expiration of four years after the coming into force of this act, the provisions contained herein shall be referred to such committee of the House of Commons or of the Senate or of the Houses of Parliament as may be designated or established by Parliament for that purpose".
If that measure is adopted, Parliament will conduct a comprehensive review of these provisions in four years. The Minister of Justice is afraid of guarantees like this. He does not put guaranteed reviews into his bills because he is perhaps afraid that down the road legislation may be changed because it is really flawed. Why does the minister not put such a clause in Bill C-68, for instance? Maybe he fears the results.
Certainly family law needs fundamental review. I am not encouraged that the justice minister will produce any substantive changes soon. But this bill is not only about grandparents, it is also about grandchildren. It is vitally important that we have legal protection for them.
We recognize that all grandparents are beneficial for their grandchildren. There are times when they should be denied direct access or should not be involved, but that should be the exception by an order. This is why we have courts and judges. They are the decision makers in those contested cases. All relevant voices must be heard in difficult cases, and this bill facilitates that help. The best interests of the child is still the operative principle.
All that is being done here is awarding the grandparent the right to have a voice. That is essentially all we are asking to have changed.
This morning I received a copy of the speech the Liberal member for South Shore was to give today but could not because of previous commitments. The member clearly is in favour of this legislation. The member for Nepean is another member who I know supports this legislation. Therefore, I would encourage members of the Liberal Party to consult with their colleagues on this bill and find out what their feelings are.
Certainly members of the Reform Party are behind this legislation. We believe that it is needed as one small step in a larger effort to update and simplify family law.
Reading some of the comments the member for Nepean has made on this bill, I understand that there are some parts she has difficulty with, but this is understandable. This is why the House of Commons has standing committees: to deal with legislation, to bring in the experts and go over it with a fine-tooth comb.
I have been a divorce mediator. As an officer of the court in the past, I have investigated circumstances and made recommendations and written recommendations about child custody and access. It is my considered opinion from within the system that in general family law is in somewhat of a disarray. But clarifying the role for grandparents in hotly contested cases is a help, not a hindrance. A strong legal climate as a backdrop encourages mediated settlements and alternative solutions.
Indeed, the court is a very blunt instrument to settle family matters, but clarity and resolve in the law can only help children. Sometimes these matters deteriorate into a swirl of struggles and manoeuvres and the real needs of children and their wishes are forgotten.
This bill deserves to be sent to the standing committee. It would represent a very positive step toward the protection and development of the child who is caught up in these unfortunate circumstances.
Therefore, on behalf of many grandparents rights groups across the country, including the British Columbia based Canadian Grandparents Rights Association, I want to fully endorse this bill and commend it to this House.