Mr. Speaker, we have heard today from many parliamentarians on the merits of counselling, and the government takes no issue with that. The issue is mandatory counselling. In order to consider the merits of Bill C-235, we have to compare the current Divorce Act to see what it would add.
There are currently several sections in the Divorce Act that already refer to reconciliation. For example, section 10 requires the court to assess the possibility of a reconciliation of the spouses that come before it.
Pursuant to subsection 10(1), the court must satisfy itself that there is no possibility of reconciliation of the spouses before the court can even consider the evidence on the matter.
Subsection 10(2) provides that if it appears at any stage of the court proceedings that there is a possibility of the spouses reconciling, the court must adjourn the proceedings and nominate a marriage counsellor to assist the spouses to achieve this reconciliation if it is possible.
Bill C-235 does not refer to section 10 but rather proposes to replace section 9(1) of the Divorce Act. As I have already noted, section 9(1) currently creates a duty for all legal advisors to inform spouses of the available marital counselling services.
Specifically, section 9(1) requires every barrister, solicitor, lawyer or advocate who undertakes to act on behalf of the spouses in a divorce proceeding to do two things: first, to draw the attention of the spouse to the provisions of the Divorce Act that have as their object the reconciliation of the spouses; and second, to discuss with the spouse the possibility of reconciliation and to inform the spouse of the marriage counselling or guidance facilities known to him or her that might be able to assist the spouses to achieve reconciliation. This duty is imposed unless the circumstances of the case are such that it would clearly not be appropriate to do so.
There may also be constitutional and cost implications associated with requiring mandatory marriage counselling for all divorcing couples. Counselling can be expensive and would impose an additional cost on parents. Provinces and territories could also be reluctant to co-operate if they viewed this legal requirement as a federal intrusion into matters of provincial jurisdiction. There would be a strong expectation that the federal government would provide the financial funding for those counselling services since this legal requirement would be imposed on them by the federal government and it could be very costly.
I commend the member for Mississauga South on his initiative and his continuing crusade to support family and children. He is to be commended for it.