Mr. Speaker, I am grateful for the opportunity to rise for the first time this year to speak to Bill C-223.
Before I begin, I want to extend my warmest wishes for a happy new year to all the residents of Similkameen—South Okanagan—West Kootenay. Over the holidays, many of them took the time to write, call or speak to me directly. I want them to know how much I value those conversations. Hearing from them is essential to my work, and I am truly honoured to represent them in Ottawa in 2026.
The legislation before us, Bill C-223, an act to amend the Divorce Act, addresses an issue that touches families in a deeply personal way. The proposed changes to the Divorce Act are the first in several years, and I appreciate the member opposite for using her private member's bill to focus on such an important area of the law.
For people who may not be familiar with the the bill, I will say that it proposes a number of reforms to the Divorce Act, the first since 2021. Although I was not yet a member of the House at that time, it is clear that those earlier reforms were significant and that many advocates have continued to call for further improvements.
From speaking with people in the communities I represent, people who have been through the family court system, it is evident that inconsistencies in how cases proceed can undermine fairness. Experts have also highlighted how difficult it can be for the courts to properly assess coercive control and psychological abuse, both because of limited resources and because these forms of harm are not always easily defined in law. In addition, despite children being at the centre of these cases, children's voices are still not heard consistently. Alongside this is the very real and very serious issue of parental alienation.
There is much in the bill that I believe members across the House can support. One provision I am particularly glad to see is the explicit direction to courts not to dismiss allegations of family violence simply because there is no police report or no visible injury, or because parties continue to live together. This is a meaningful change, one that resonates with me personally. Many years ago, a friend confided in me that she would be better off if he had hit her. She was living in a coercive, abusive situation that left no bruises but caused deep harm. Her experience was a reminder that violence is not always physical but is no less real.
The bill also proposes requiring legal advisers to assess risks of family violence and to develop safety plans, and it would strengthen the ability of courts to consider coercive control and its impact on parent-child relationships. It would further introduce safeguards around the use of direct testimony from children.
If the bill were limited to these reforms, I expect members would still raise questions about implementation, particularly around the new responsibilities placed on courts and legal professionals. This would be expensive, but it is important. Overall, these are constructive steps.
However, I do have concerns with one aspect of the bill: the provision that would prohibit judges from considering evidence of parental alienation in family law cases. As I mentioned earlier, I appreciate the bill's efforts to broaden the types of evidence courts can consider, especially regarding children's testimony and family violence. Family law cases are complex and emotional, and they often require expert input, yet the bill would prevent judges from considering parental alienation, even when supported by expert analysis.
The bill would allow judges to consider coercive control, often based on expert opinion. I see no reason why judges should not also be permitted to consider parental alienation under the same conditions. Colleagues with legal experience have noted that parental alienation is already recognized in Canadian case law. One colleague from Ontario shared that in more than one-third of proven alienation cases, mothers were the alienated parent, often targeted by the abusive former partner. An absolute prohibition on considering this evidence seems, at best, misguided.
I understand that the bill’s sponsor has worked closely with organizations, such as the National Association of Women and the Law. Its contributions are undoubtedly thoughtful. However, its characterization of parental alienation as junk science is not universally shared. As a lawmaker, not a lawyer, I have reviewed the research, and it is clear that many respected voices in both law and social science disagree with that assessment.
I would draw the House’s attention to a detailed critique published in Law360 by two distinguished scholars: Nicholas Bala, a professor of law at Queen’s University, and Rachel Birnbaum, a social worker and professor at King’s University College, Western University. They raise many of the same concerns I have outlined, particularly regarding the risks of prohibiting judges from considering parental alienation altogether. They also reference rigorous scientific and legal research supporting the validity of parental alienation, including studies published in Developmental Psychology and the University of New Brunswick Law Journal.
I want to close by acknowledging the member’s sincere commitment to improving the safety and well-being of children. Her intentions are good, and I respect the work she has put into this bill, but good intentions alone cannot form the basis of sound legislation. As debate continues, I look forward to hearing from colleagues across the House. Should the bill proceed to committee, I believe it will require careful study and thoughtful amendment, informed by expert testimony. Our goal must be to craft legislation that truly protects children and supports families through some of the most difficult moments of their lives.
