Mr. Speaker, I am honoured to speak in support of Bill C-252. However, before discussing the bill, let me express by deepest sympathy for the children and the family of the constituent whose unfortunate experience motivated the hon. member for Lethbridge to introduce the bill.
Bill C-252 is all about compassion. It aims to give closure to children of divorce before their parents' impending passing.
The dissolution of a marriage is not a happy event. It can be highly emotional and stressful for all family members. Divorce can also take a serious toll on any children involved. Children often experience their parents' separation as a loss, the loss of their former family unit. Some children feel that they have little or no say in the events that shape their lives during their parents' divorce.
I would imagine that finding out one has a terminal illness could instill a similar sense of grief and loss of control. For a child who is already struggling with his or her parents' separation, the pending loss of the life of a beloved parent could be devastating. For a dying parent, contact with his or her child could help to alleviate some grief at a very critical time. For a child, being able to pay his or her last respects to a parent could provide some closure and peace of mind.
I believe most Canadians would agree that unless it is not in the child's best interests, a parent should be able to die peacefully, with one's children by his or her side.
My hon. colleague introduced this bill to ensure that children can say goodbye to a parent who is terminally ill or in critical condition, where it is in the best interests of the children. It is important to note that the best interests of the child will remain the primary consideration. However, the proposed bill will ensure that proper consideration is given by the courts to the amount of time left for a parent and child to spend their final moments together.
Bill C-252, if passed, will clarify that a terminal illness or critical condition on the part of a parent is a material change in circumstance for the purposes of the variation application and will ensure that decisions with respect to access in these circumstances are made in the best interest of the child.
I must say how touching it has been to see the support that other members of Parliament have shown for the objective of the bill.
The impact of divorce on some children last their entire lives. Often parents can agree on how to continue parenting after divorce. They can deal with the many emotional and financial issues that arise from their breakup with the help of family justice services that are delivered by our provincial and territorial partners. When parents can agree, there is a sense that children are better off.
The focus on the children's best interests may be easier if parents are not fighting over who wins or loses. Compassion in cases of illness may also come more easily. However, some parents cannot agree on how to continue parenting after a divorce and some may even have difficulty putting their children first. They will need the courts to help them find a solution that is in the best interests of their children.
Unfortunately, some of these parents may also find themselves one day in a situation where their days become numbered and where they cherish every last moment they spend with family and friends. We can all appreciate how important it is for people to be in the company of loved ones at such times. Those moments together are important both for the dying parent as well as for those who survive.
In some cases where a parent is dying, however inexplicable as this may be, the other parent may not find it in himself or herself to let the dying parent see the child, or to put it in another way, the other parent may not let the child see the dying parent one last time.
Can we let that happen? We have the opportunity to amend the Divorce Act to make it easier for dying parents and their children to spend time together and support each other in difficult situations.
I will speak for a few minutes about the scope of the federal Divorce Act with regard to the custody and access.
Section 16 of the Divorce Act sets out the criteria for granting custody and access for original or interim orders. Such orders are to be granted solely on the basis of the best interests of the child. Section 16 of the Divorce Act also 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 interests.
Section 17 of the act allows a parent to apply for a variation of the original or interim custody and access order when there has been a material change in circumstances. As in Section 16, the best interests of the child should prevail in varying an order, and the court is to make an order that provides that a child of the marriage has as much contact with each spouse as is consistent with his or her best interests.
Section 16 of the Divorce Act as currently worded already responds, to a large degree, to the issue raised by Bill C-252. This is because, by requiring that orders be granted based on the child's best interests and that maximum contact between children and parents be ensured, section 16 of the Divorce Act already provides the courts with sufficient discretion to make appropriate orders.
In addition, although courts all maintain that a parent does not have an absolute right to access, most of them accept that it is in a child's best interest to have a meaningful relationship with both parents in the absence of a good reason to the contrary.
The proposed amendment to section 17 of the Divorce Act clarifies that a parent's critical condition or terminal illness is a change of circumstances, giving rise to a possible variation of the custody and access order. The provision further instructs the courts to make an order in respect of access that, in the circumstances, is in the best interests of the child.
I note that the Standing Committee on Justice and Human Rights has proposed an amendment to the bill that would make it more consistent with the existing wording of the Divorce Act. Consistency in legislation is important. I believe that this amendment should be accepted and that the House should pass Bill C-252.
This bill will provide greater certainty and will facilitate variation applications for parents who are terminally ill or in critical condition.
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.
My government believes it is important that when parents divorce, both parents are encouraged to maintain a meaningful relationship with their children, unless it is not in the best interests of the children.
The objective of promoting access between a parent who is terminally ill or in critical condition and their child, when it is in the best interests of the child, is indeed most laudable.
I would like to thank my colleague, the member for Lethbridge, for bringing this important issue to the attention of the House.