Our intention in adding these words was to codify the existing case law which currently allows for child support to be ordered where children are over the age of majority, pursuing post-secondary education and where the parents have the ability to support them.
However there were some concerns expressed by the senators that the addition of these new words could have been interpreted more broadly than the current case law. This was not acceptable to some people. As a compromise, the Minister of Justice agreed to remove the words "pursuit of reasonable education" so that the current case law will continue to apply. Through the words "or other cause" the courts will continue to have the discretion to award support for post-secondary education where the children have reached the age of majority and where parents have the financial ability.
Second, Bill C-41 through the introduction of child support guidelines reaffirms the objective that both parents have a joint financial obligation to support their children. However the minister understood the concerns raised by some members of the committee that this objective was no longer apparent since it was removed from the act along with the other provisions which were part of the concept of broad discretion which is currently used in the determination of child support. This broad discretion concept defeated the objectives of the guidelines and as such we needed to remove it from the act.
The minister has always supported the objective that both parents are financially responsible for the needs of their children. This obligation is included in the guidelines but to give it more importance the minister agreed that it be reintegrated in the act to ensure that any guidelines will respect that principle.
The child support guidelines are not in this bill but will be introduced through the regulatory process. The provision on shared custody drew some attention of some senate committee members. They were concerned that it only applied to situations where both parents equally shared the custody of their children. Committee members suggested that the courts should be able to depart from
the table of awards where both parents shared custody of children for 40 per cent of the time.
It should be noted that this was the family law committee's original recommendation which had been changed at the request of many legal organizations across the country who were concerned that this would increase litigation on the more difficult issue of custody and access. We agreed to introduce the provision in the guidelines but we will monitor it closely as with any other provision in the guidelines.
This legislation calls for a review by the Department of Justice to be placed before each House of Parliament within five years. Until then the Department of Justice will closely monitor the implementation of every provision with the provinces and territories through the implementation task force. It will also be seconded by an advisory committee which will provide specialized advice on issues as they arise. If changes to the guidelines are required, we will be able to bring them through relatively quickly given that the guidelines will be introduced through the regulatory process.
We are still aiming to have this bill in effect by May 1, 1997 to coincide with the tax change. I urge all members of this House to again support this bill which will bring such improvement to the area of family law. For over 50 years the current system has been in place and it is time for a change. Six years of study and extensive review by the provinces and by all stakeholders working within the family law system have brought about the proposals that are being brought forward by the minister today.
I wish to thank all of those who have been involved in improving this legislation and making it what it is. That being said, as was indicated, there will be a chance as the changes are implemented to review the bill on a continuous basis so that changes where appropriate can be made. But this is one step forward and another bit of progress by the Minister of Justice. We thank him for his efforts and we thank all those who have participated in this process.