Mr. Speaker, emergency protection orders are often the initial procedure in a relationship breakup, which would be followed by application for exclusive occupation and valuation.
During the time period of the emergency protection order, the spouse or common-law partner could apply for exclusive occupation of the family home.
The federal provisional rules in Bill S-2 would enable the court to provide short- to long-term occupancy of the family home to the exclusion of one of the spouses or common-law partners. The duration of this order could range from a determined number of days to a longer period, such as until dependent children reach the age of majority. This provision would help ensure that spouses or common-law partners who are primarily caregivers would have access to housing for their children and or dependent adults.
The period of time that may be identified in an exclusive occupation order granted to a non-first nation individual by a judge under Bill S-2 would be defined, not open-ended. Judges may be asked to determine, as they do in similar proceedings off reserve, the appropriate duration of an exclusive occupation order.
Bill S-2 would require that the judge, in considering an application for an exclusive occupation order, take into account certain factors.