Mr. Speaker, I am pleased to be given the opportunity today to rise and speak on this private member's bill, Bill C-252.
At the outset, I should point out that when the bill first came before the House, which is quite some time ago now although I do not know the exact date, I spoke against the bill. I felt at the time that the wording of the bill went too far on this particular issue. I did that having great respect for the intent of the bill and with great respect for the motivations of the member who introduced the bill. Obviously it probably was prompted by certain events that happened to a constituent in his riding who was probably ill-treated by the courts. Of course, in a situation like that, time probably does not allow an appeal.
However, it was my position at the time that it did not respect the intent of section 68 of the Divorce Act, which reads: “In making an order under this section, the court shall take into consideration only”--and I underline that word “only”--“the best interests of the child of the marriage as determined by reference to the condition, means, needs and other circumstances of the child”.
This particular bill talked about ensuring that a parent who was critically or terminally ill would have access to the child. Of course, in the vast majority of cases that certainly would be the case, but I was reluctant at the time to put that in legislation because that would tie the hands of the judges and it would fly in the face of that particular section.
However, the bill was amended, first of all in the House and then subsequently in committee. The first amendment made it explicit that courts should grant a former spouse with “a terminal illness or critical condition” access to the child as long as it was consistent with the best interests of the child.
That amendment was made, which I think went most of the way, and then it was sent to the committee. The committee, in its wisdom, amended it further, with the provision that “the court shall make a variation order in respect of access that is in the best interests of the child”. Again, that provision was underlined and of course, based upon those amendments, I now speak in favour of the bill. I will be voting for the bill when it comes before the House.
I come back to my original comments. Sometimes in the House it is very difficult for members to second-guess a judge that has the facts of the case. We can make the laws, the Criminal Code and the Divorce Act, but I believe that at the end of the day the discretion should rest with the judge, based upon certain principles and foundations.
Again, I believe this bill in its present form is good legislation. Certainly if there is a situation where a parent is terminally ill, it would be, in the vast majority of cases, as I said before, in the best interests of the parent but more so in the best interests of the child that liberal access be granted by the judge pursuant to a variation order.
We would hope as normal people that this would happen in those cases without resorting to the courts, but sometimes things like that do not happen. In those situations, this legislation would assist certain unfortunate people who find themselves in those predicaments.
I am not going to take my full 10 minutes.
Like the previous speaker, I want to congratulate the member who put so much time and effort into this bill. This is the way the system should work.
Some of the members had the same concerns I did. The bill was amended by the member, first of all, then further tweaked by the committee, and it has come back before the House in a form that I think is very good legislation. It is legislation that should be approved by the House when it comes forward for a vote.