Madam Speaker, it is a pleasure to hear such an inspired speech by the hon. member for Red Deer.
Occasionally I understand the House does in fact have a special way about it and does capture all the members within the House and I think maybe we have the essence of that happening today.
Bill C-400 deals with an important issue. I certainly welcome the opportunity to confirm to the hon. members of the House the government's commitment to safeguard our children and to examine all measures that can better do this.
The government is strongly committed to protecting children from all forms of victimization and recognizes the need to continuously make efforts to strengthen protection in all appropriate ways.
The intent of Bill C-400 is admirable. It is clearly wrong to force a child to visit in jail the person who is serving a term of imprisonment for victimizing him or her even if, or perhaps especially if, that person is a parent of that child. Nor should a child be forced against his or her wishes to visit a sex offender parent in jail.
It is also important that all attempts be made to prevent another situation like the one Lisa Dillman faced. Her ex-husband was a doctor serving a six year sentence in a federal penal institution after being convicted of drugging and sexually assaulting an adult female patient and a 13 year old girl, as the House has heard.
As the custodial parent, Ms. Dillman was ordered by a judge in Saskatchewan to facilitate access visits between her children and their father after he chose, despite his incarceration, to legally enforce the access provisions contained in the court order.
As members have heard, it was a terribly distressing situation for Ms. Dillman and for the children, and it should be prevented from happening again.
That is why I believe it is important to examine Bill C-400. Its objective is to prevent this type of situation and to protect children from inappropriate access visits. The government is open to looking at all proposals that have this objective.
As I understand it, Bill C-400, as presented to the House, proposes to amend section 16 of the Divorce Act. It would add a new subsection 9.1 that would deem that any custody and access order made under the Divorce Act would contain a provision that would suspend a non-custodial parent's child access rights while he or she was serving a term of imprisonment for certain criminal code offences, unless, and a very important unless, the custodial parent consented to that access.
The bill specifically refers to an offence under any provision of the criminal code of which the child was the victim. In addition, 10 additional specific criminal code offences are identified, whether or not the child was a victim. These are the offences of sexual interference, sexual touching, sexual exploitation, incest, child pornography, parent procuring sexual activity, corrupting children, sexual assault and sexual assault with a weapon.
Those are all serious sex offences. As I noted earlier, the government is strongly committed to examining ways to protect children from all forms of victimization.
However, I have to wonder why these specific offences were chosen. I also have to ask if this is in fact the most appropriate list. Do not get me wrong, I completely support the objective ensuring that no access order under the Divorce Act would be used to require children to inappropriately visit a parent in jail.
However, if the intent of the bill is to protect children from the trauma of visiting an offender in jail, why not expand it? Why not bring in other offences? In certain cases maybe the offence of murder would be an appropriate situation where one would not want the convicted parent to have access to the child.
This matter needs to be looked at fully by the committee.
It is also important to remember that the practical effect of the bill would be to impose an automatic suspension of access rights in those cases unless the custodial parent gave consent. These access rights would be suspended while the access parent serves the term of imprisonment. The suspension would be achieved through a deeming provision.
How would the deeming provision legally work in practical terms? Would the access rights automatically resume after the period of incarceration? Would a suspension apply retroactively to an already existing access order? Would access remain suspended if the offender parent gets out on parole but arguably is still technically serving his or her sentence?
I would also note that the way the bill is worded, the provision does not provide for any flexibility or discretion and does not refer to any consideration of whether the automatic suspension of access would be, in the classic case, in the best interests of the child. Will this amendment legally stand up under the charter of rights and freedoms? I do not know the answer. Could there be an alternative way to create legally a presumption against enforcing an access order in those cases where it would be inappropriate? Would the onus be squarely on the offender to show why access would be in the best interests of the child?
My point is that I strongly support the intent and objective of Bill C-400 and it is for this very reason that I believe it is important that it be examined carefully if and when it goes to the standing committee for review.
As I started speaking today, I thought of today as being a very special day. It is a day to sit back and reflect on the reflections of the member for Red Deer on this situation. I personally believe it is very important that this matter receive the full consideration of the justice and human rights committee and that we look at this in the most positive light for the benefit of all those who find themselves in this situation, as did Ms. Dillman.