Mr. Speaker, I am very pleased to speak today on the motion put forward by my Reform colleagues. We cannot support this motion from the Reform member. Why? Because it provides for the Minister of Justice to lay before the House of Commons each proposed guideline and to refer it to a standing committee of the House.
If the amendment were only to apply to the federal guidelines, it might be interesting, since hon. members would then have an opportunity to take part in this review. However, we find the amendment unacceptable because it says "each proposed guideline", and that would include all provincial guidelines.
If we are to be consistent with the amendments we brought forward this morning, then we cannot support this motion. Pursuant to clause 1(3) of the bill, once the federal government has recognized the guidelines set by a province, these provincial guidelines are what is referred to as the applicable guidelines in the bill. The provincial guidelines replace the federal ones. We cannot let the guidelines set by Quebec, for instance, be reviewed and/or amended by a standing committee of the House of Commons, it is absolutely out of the question. This is why we are against this amendment.
Earlier this morning, we explained some of our demands concerning the changes to be made to Bill C-41. Why? Because the province of Quebec is currently developing guidelines that will take into account Quebec's particular characteristics. These guidelines will take into consideration the interests of the child and all the transfers to both parents and children.
The provinces should have an opportunity to explain the guidelines they developed based on the model most appropriate to their particular case, the province's social realities and the expectations of their residents, just like the guidelines soon to be approved in the province of Quebec.
We know how important it is that Quebec put its own guidelines forward and that they be adopted. With the discretionary power provided in Bill C-41, it is important that these guidelines be accepted by the federal government. We in the Bloc Quebec are not in favour of the discretionary power accorded the governor in council.
Moreover, a set of criteria is introduced in the bill to define the guidelines. Right before the criteria, we can see the little word "including".
We propose that this word "including" be deleted so that, when the guidelines are accepted by the federal government, we will not have to reopen the bill or to introduce another one. I think that Quebec wants more freedom to act. We know how complex the situation is in matters of divorce and separation.
Divorce falls within federal jurisdiction and separation within Quebec jurisdiction. As we all know, the guidelines have to be the same across the board. This is provided in the bill at the federal level but not at the provincial level. Thus, this motion by the Reform Party is not acceptable.
However, I want to tell you about some privileges Quebec wants to gain from the guidelines. When I say privileges, I mean respect. Not so much a privilege as a respect of Quebec's will.
It is clear in this bill that the federal government goes one way and Quebec another. This bill is very revealing. Quebec wants the guidelines to apply where children reside and not where the non-custodial parent resides. If the criteria for developing the
guidelines in one province favour the non-custodial parent, we know very well that the non-custodial parent will compare the benefits in various provinces.
That is why the child's well-being is paramount and the bill as introduced by the minister does not take into account first and foremost the needs of the child. We know that the guidelines put forward by the federal government take into account only the income tax to be paid. This is not the case for Quebec. Quebec takes a number of considerations into account, including family and social issues and the needs of the child.
I wish the government would rethink certain aspects of the bill. The government is asking the provinces to propose guidelines, but I think this bill does not show any respect for the work that the provinces will do when it says that the governor in council may, by order, designate a province for the purposes of the definition of "applicable guidelines". I do not see how the wishes of a province can be respected.
We know that there are many inconsistencies between the federal and the provincial guidelines. I wonder how it will be possible to satisfy both Quebec's and Ottawa's wishes.
I would also like to talk about another aspect of the bill.
There is no question of an agreement between spouses to change the amount or some other aspect of the guidelines. The needs and the welfare of the child must come first.
Therefore, we are against this motion brought forward by the Reform Party and we hope the government will follow up on the various motions we proposed to improve this bill in order to respect the provinces' wishes, because the provinces are closer to the people and their concerns and our motions take into account various legislative provisions that are already in force in Quebec.
If the Minister of Justice wanted this bill to serve the child's interest first and foremost, the Liberals would have to accept a few modifications proposed by the Bloc Quebecois, with every respect for the provinces and the federal legislation. We might have liked to have seen a single orientation concerning divorces and separations, with the same guidelines, but we know that the federal level has full jurisdiction over divorces.
I will close my speech here, with the hope that my colleagues will also be able to make this government listen to making some changes for the better to this bill, and that these changes will be more respectful of the will of the provinces, as Quebec is working on this too at the moment. Why then duplicate the analyses done in Quebec? It is clear to me, however, that the analyses done in Quebec are not the same as those done by the federal level. This is why we were elected. We were elected to speak for the specific nature of Quebec, to ensure that it is respected far more than it is today. Unfortunately, we must bring this to your attention, and we trust that this government will make an effort to understand the Quebec reality, because it is not all that obvious that it is.
We speak up about numerous bills, inviting the government to respect the wishes of Quebec, but the message falls on deaf ears every time.