Mr. Speaker, it is an honour to rise today to speak to private member's bill, Bill C-252, an act to amend the Divorce Act, access for spouse who is terminally ill or in critical condition.
First, I thank my hon. colleague, the member for Lethbridge for bringing forward a bill that enables the House to focus on the important question of marital breakdown and its impact on children.
My hon. colleague has introduced a bill that would ensure that a parent who is terminally ill or in critical condition would have access to their children unless it was not in the best interest of those children. My colleague has already outlined the situation that led to the drafting of the bill.
Before discussing the bill, the dissolution of a marriage is not happy event of course. It can be highly emotional and stressful for all family members. Divorce can also take a serious toll on any of the children who are involved. All of us, as members of Parliament, have dealt with those cases in one form or another.
Children often experience their parents' separation as a loss, a loss of their former family unit. How much more difficult would this situation be if the child knew that one of his or her parents was terminally ill? Imagine too the parent in this situation, a parent who is experiencing a similar sense of grief and loss. Imagine wanting to turn our family and those who are dear for comfort and support.
As a parent, one's utmost wish would be to spend as much of the remaining time with one's children, to share with them the hopes and dreams for their future. For a child struggling with his or her parents separation, the knowledge that a beloved parent is dying could be devastating. Understandably, children would want to cherish the time they could still have with that parent, to foster fond memories and to know that they were loved.
For a dying parent, contact with their child could help to alleviate some grief at a very critical time. For children being able to pay their last respects to their parent could provide some closure and piece of mind.
I believe most Canadians would agree that unless it not in the child's best interest, a parent should be able to die peacefully with their child by their side. We know the underpinnings of the current Act, and as they should remain, is what is in the child's best interest.
The government considers families to be the building blocks of Canadian society. We are committed to supporting families whether intact or separated, thereby building a stronger society. Families raise children and children are our future.
The government also believes it is important to ensure that when parents divorce, both parents are encouraged to maintain a meaningful relationship with their children unless it is not in the best interest of the children. Again, the underlying theme is what is in the best interest of the children.
These principles are currently reflected in the Divorce Act. Subsection 16(8) sets out the criteria for granting custody and access orders. Such orders are to be granted solely on the basis of the child's best interest.
This is not only a nationally recognized standard, it is an internationally recognized standard and it is reflected as such in the United Nations Convention on the Rights of the Child, to which Canada is a party. It is also the standard foundation in all provincial and territorial family law acts that apply after separation for custody and access or parenting orders.
Studies show that the optimal outcome of divorce for children is to have two involved parents sharing responsibilities for raising their children. Subsection 16(10) of the Divorce Act requires the court to give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the child's best interest.
To address the concerns raised by my colleague, we need to distinguish between cases where the court has decided that access is not in the best interest of the child and cases where access has been ordered or agreed to and the custodial parent has denied or frustrated that access. It is my understanding that a denial of access was at the very heart of the case that led to the introduction of Bill C-252.
I would like to speak for a minute about the scope of the federal Divorce Act. While section 16 of the act sets out the criteria for granting custody and access orders, provincial and territorial legislation is applied for the purpose of ensuring compliance with such orders. Parents can, however, apply for a variation of the original custody and access order under section 17 of the Divorce Act when there has been a material change in the circumstances. While this is not an enforcement measure per se, it does provide the spouse with an opportunity to bring new circumstances to the attention of the court. Moreover, the case law shows that variation applications are being used to address situations where access has been denied by the other spouse.
Spouses divorce each other, not their children. Fortunately, most parents make a concerted effort to maintain the bonds between their children and their former spouses. Regrettably, however, I am sure we are all aware of situations where this has not been the case. In some situations, parents have difficulty setting aside their differences and they sometimes unwittingly place their children in situations where they feel compelled to choose between one parent or the other. Children should never be placed in such a position, particularly when one of their parents is on his or her deathbed. In some cases, parents frustrate or deny contact between the child and the other parent even when it would be in the best interests of the child. Again, children should not be subject to this kind of thing.
The Minister of Justice and I strongly believe that people should be complying with their obligations toward their children. Contract orders and agreements exist for the sake of the child and should be complied with for the sake of the child. Most children want and indeed need continuing contact with both of their parents. They often describe lack of contact as one of the most difficult aspects of their parents' separation.
Unless circumstances indicate otherwise, ensuring that a child has access to a dying parent is a laudable goal. I would like to thank the hon. member for bringing this important issue to our attention.