Ali Ehsassi

[Divorce Act, October 4th, 2018]

Mr. Speaker, I am much obliged to the parliamentary secretary for bringing to the fore two significant issues that are very much at the heart of this bill.

The first issue is on reducing poverty. As was noted, I think this is a huge step in the right direction. First of all, it should be noted that this particular bill simplifies and streamlines processes that relate to family support. Second, it will allow for the release of CRA information which can be critical in these types of disputes. Last, insofar as the issue of poverty is concerned, it is important that we are implementing the 2007 Hague child support convention.

The second issue the parliamentary secretary has raised is that of family violence. I think we can all agree that we should be very much concerned about the high incidence of violence. This bill does an incredible job of addressing this priority.

Looking at the bill, one of the things to note is that there is a definition for family violence in the Divorce Act, which for the first time would include any conduct that is violent, threatening, a pattern of coercive behaviour or behaviour which causes a family member to fear for his or her safety. In addition, it requires courts to consider family violence in determining the best interests of the children. I would like to highlight the fact that improving safeguards to account for family violence is very much a part of this bill.

[Divorce Act, October 4th, 2018]

Mr. Speaker, I will first thank the hon. member for Surrey Centre for focusing on the question of violence and how this bill would allow us to address that. I, on the other hand, will be taking a more general overview of this legislation, which I am incredibly proud of.

As we know, the first substantial update to Canadian family law in 20 years is occurring. Bill C-78 represents a landmark in strengthening and enshrining the best interests of the child and would make federal family law more responsive to the modern-day needs of Canadian families. Family law, as has been noted by all of the speakers today, is both complex and broad and as a result, there are significant gaps and inefficiencies, which existing laws have not adequately addressed. Bill C-78 seeks to remedy these gaps through a wide-ranging series of common-sense adjustments.

Today I will focus on six key elements of Bill C-78: strengthening the best interests of the child provisions, enshrining primary consideration into family law, important changes to terminology, modernizing the Divorce Act, creating contact orders and setting new relocation guidelines.

Allow me to start with the best interests of the child test. The best interests of the child test has been a fundamental part of family law in Canada and in many other countries for decades. Under the Divorce Act, courts must consider only a child's best interests when making decisions about who may care for or make decisions about a child. The Divorce Act, however, gives surprisingly little guidance regarding this test.

In 1998, the Special Joint Committee on Child Custody and Access called for the Divorce Act to include a list of criteria considered to be in the best interests of the child. Many others have added to this call, including academics, child advocates and the Canadian Bar Association. With Bill C-78, our government is answering their calls and taking important steps to address existing gaps and inefficiencies in the family law system.

The proposed criteria for the best interests of the child would emphasize critical elements of a child's life. They include a child's stage of development, ties to loved ones, cultural identity, and personal views and preferences. However, the list is not closed or exhaustive. If a particular factor in a child's life is especially relevant—for example, if the child has medical needs or participates in competitive sporting events—courts could consider these factors where appropriate and relevant.

Adding definitional certainty to the best interests of the child test in the Divorce Act promotes children's interests. It also promotes another one of the bill's key goals: improving access to justice. In some Canadian jurisdictions, over three-quarters of family law litigants are self-represented. Also, a list of best interests of the child criteria in the Divorce Act would help parents better understand their legal responsibilities. It would assist them to better frame their negotiations on arrangements for their children and more often come to agreements outside the court system. Alternatively, if parents cannot agree on their own, this clarity would help self-represented litigants to better frame their arguments in legal proceedings.

Allow me now to move to the second point, which is primary consideration. The reference to “primary consideration” is crucial to the values embodied in Bill C-78. Emphasizing primary consideration would ensure that courts prioritize a child's physical, emotional and psychological safety, security and well-being. Courts would weigh all other criteria in regard to this primary consideration. Doing so would ensure that the best interests of the child remain paramount in protecting families from the negative outcomes often related to separation and divorce.

I will move to the third point, updates to terminology. Bill C-78 would make important and, frankly, long-overdue changes in family law terminology. “Custody” and “access” are now archaic legal terms.

The term “custody” traces its origins to property law, which for hundreds of years has essentially treated children as possessions. The term “access”, meanwhile, refers to a right to use or pass over property. This is not how we should describe responsibilities for children in 2018. In addition, litigation over “custody” and “access” has created additional labels whereby custodial parents are viewed as winners of parenting disputes and access parents the losers. Bill C-78 would move away from such confrontational language, as Alberta, B.C. and several international jurisdictions have done.

Going to the issue of modernizing the Divorce Act, Bill C-78 would replace orders for custody and access in the Divorce Act with parenting orders. A parenting order addresses parenting time and decision-making responsibility for each parent. Specifically, “parenting time” refers to the time a child spends in a parent's care. This includes all time when a parent is responsible for a child, even when the child is at school. Each parent would have as much parenting time as is consistent with the best interests of the child.

On the other hand, “decision-making responsibility” refers to making important decisions on issues such as health, education, language, religion and significant extracurricular activities. BillC-78 would allow the courts to allocate this responsibility to one or both parents, or, alternatively, to divide elements between the parents.

Furthering the goal of improving access to justice, the bill includes a parenting plan provision, referring to agreements between parents that sets out a road map for the care of the child moving forward. The bill encourages courts to incorporate a parenting plan that is in the child's best interest. This provision recognizes that parents are generally best placed to make decisions about their child.

Moving to the fifth element, Bill C-78 also proposes a contact order, in keeping with the best practices already established by several provincial courts. Contact orders carve out time in a child's schedule with a person other than a parent, such as a grandparent. I would like to clarify that a contact order would not usually be necessary in order for grandparents and other loved ones to spend time with a child. It would only be necessary where, because of conflict, parents do not agree to let grandparents or other loved ones spend time with the child. In such cases, Bill C-78 would allow courts to make contact orders. These orders could help preserve a child's relationship with his or her loved ones, where appropriate. As with parenting orders, courts would make a contact order if it is in the best interest of the child.

Finally, the issue of relocation has challenged parents, lawyers, and courts for many years. Relocation involves moving a child after separation and divorce. It is one of the most litigated family law issues in existence. In a 2016 survey of lawyers and judges, for example, over 98% of respondents indicated that disputes are harder to settle when relocation is involved. Bill C-78 creates relocation guidelines to address this conflict. Parents would now be required to give notice if they want to relocate either themselves or their children. An assessment would be conducted using best interest criteria when considering such a request. These would include factors such as the reasons for relocation, the impacts of relocation on the child, and how reasonable the relocation request is.

[Toronto Municipal Elections, September 20th, 2018]

Mr. Speaker, we on this side of the House will always stand in defence of the charter and the rule of law. Peace, order and good government inform our Constitution, and while Canadians rely on Parliament for good and prudent government, they look to the courts for order.

Yesterday's ruling by the Ontario Court of Appeal has provided order to a needlessly chaotic situation surrounding Toronto's upcoming municipal election. While strong feelings still abound, it is now imperative that we look to the future. While these have been perplexing times for all of us, our city is blessed with numerous candidates who have somehow remained undeterred throughout the confusion and anger. My hat goes off to each of the many candidates for their public service.

Recent events have demonstrated yet again that elections have consequences. The election of our government in 2015 resulted in a strong—

[HMCS Halifax, May 24th, 2018]

Mr. Speaker, last week, I had the privilege and honour of joining the crew of HMCS Halifax as part of the Royal Canadian Navy's Canadian leaders at sea program. HMCS Halifax is one of our proudest vessels, and has flown the Canadian flag on the Atlantic Ocean, the Indian Ocean, the Adriatic Sea, the Arabian Sea, the Caribbean Sea, and beyond.

I returned from this trip with a renewed admiration for the incredible sacrifices made by our armed forces each and every day. From top to bottom, the crew of the HMCS Halifax demonstrated tremendous professionalism, discipline, and hospitality throughout my stay. I would like to salute Commodore Craig Skjerpen, commanding officer Scott Nelson, and, indeed, the entire crew of HMCS Halifax for welcoming me with open arms.

[Member spoke in Latin as follows:]

Parati vero parati.

[Elections Modernization Act, May 22nd, 2018]

Mr. Speaker, my hon. colleague is absolutely correct. We take everything that the Chief Electoral Officer says very seriously. As I indicated, some of the changes in the bill were actually based on things that were brought to our attention by the Chief Electoral Officer. However, it was important that we take a good, long, and close look at the legislation and try to make it as comprehensive as possible to make sure that more and more Canadians can take advantage of voting, and that they actually partake in the electoral process. Bill C-76 is obviously a reflection of that comprehensive approach.

[Elections Modernization Act, May 22nd, 2018]

Mr. Speaker, I obviously took note of my hon. colleague's comments. However, it is important to bear in mind that before drawing up all the initiatives that were part of this bill, we did actually listen to the Chief Electoral Officer.

It was quite clear to us that some of the changes that had been made previously would impede the ability of various individuals to partake in the election process. As members will note, there is the issue of the voter information cards. The evidence is quite clear that the use of such cards allowed an increase in the participation of seniors, students, and first nations communities. In addition to that, as I cited in my remarks, it is quite obvious that the evidence is telling us that we rank 23rd among OECD countries.

We thought it was incumbent upon us to honour our undertaking in the platform to do something about this, and that is exactly what Bill C-76 would do.

[Elections Modernization Act, May 22nd, 2018]

Mr. Speaker, I will be splitting my time with the member for Toronto—Danforth.

I am honoured to rise in the House today to join other colleagues in the debate before us and in support of Bill C-76, an act to amend the Canada Elections Act and other acts.

Since the very first ballots were cast in Canada more than 150 years ago, Canadians have pushed for change, demanding that elections in our country be fairer, more inclusive, and more accessible. At first, it was only men who could vote, until women fought for their right to have a voice. Indigenous communities bravely stood up to ensure that they were heard at the ballot box. Over 20 years ago, it was mandated that all voting places be accessible to all Canadians.

The evolution of voting rights in this country has always proceeded in lockstep with the forward march of civil rights. As a government, we are committed to continuing this legacy and to moving forward.

Canada's democracy is made up of all citizens and what they have to say about the country they seek to create. The measures in Bill C-76 would be bold and important steps along this path of empowering Canadians and strengthening our electoral process, which benefited from the recommendations of the Chief Electoral Officer after the 42nd general election.

Voting has to accommodate people's busy lives. Bill C-76 would help Canadians vote when and how it works for them. These measures would reduce wait times at polling places. Bill C-76 would also increase advance polling to 12 hours a day so that Canadians could easily vote ahead of election day if they so wished. It would also make voting more convenient by letting people use their voter information cards, as was previously the norm.

In 2011, Elections Canada conducted a pilot project on using the voter information card as voter ID and recommended that Canadians be able to use their voter information cards to vote. The findings were hugely important. Among students, the cards were used by 62% of voters. In seniors residences, the number was 73%, and on first nations reserves, they were used by 36% of voters. It is clear that this measure is important in helping Canadians participate in our democracy. Based on a Statistics Canada study, over 160,000 Canadians could not vote because they did not have the ID they needed. I am proud that our government would be addressing this.

These changes would also reintroduce vouching so that a voter could allow another Canadian to vote as well. As has been the case with many of the initiatives undertaken by our government, this would not represent a radical departure from the norm but rather a return to standard Canadian practices and ideals.

Undoing the unfair parts of the previous government's so-called Fair Elections Act would mean that more Canadians would be able to participate in our democracy.

Participating by voting is more difficult for some people than others, and that is simply not fair. The men and women in uniform who risk their lives to protect the rights of all Canadians deserve to have their right to vote protected. Bill C-76 would bring changes that would give Canadian Armed Forces members greater flexibility in how they cast their ballots, while also making sure that it is a secure process, whether they are voting abroad or at home. Additionally, Bill C-76 would extend the right to vote to approximately one million Canadians who live abroad, ensuring that they would have their say.

We would also remove barriers to Canadians with disabilities by increasing assistance at polling places and by allowing voting at home. Bill C-76 would provide incentives for parties and candidates to make their activities accessible to and inclusive of people with disabilities. I am confident that all my colleagues in this House will welcome new resources for positive and common sense steps, such as having flyers in Braille and ramps at campaign offices. These are small changes that would have a huge impact on fellow Canadians.

I am proud that while our government is taking steps to empower voters today, we are also looking to the next generation. There can be no question that the young people of Canada are engaged, and they are shaping our future.

In my own riding of Willowdale, the members of the youth council are already grappling with our country's most pressing issues. They have gone to the G7 youth summit with the Minister of Foreign Affairs to ask questions about challenges facing the international community. Over the last months, they have also had debates on everything from how Canada can engage in meaningful reconciliation with our indigenous communities to what policies are needed to protect the environment.

The future of our country is in good hands. I know that youth from coast to coast to coast have just as much to say about politics as the young people of Willowdale.

By creating a register of future electors, Bill C-76 would allow Canadians between the ages of 14 and 17 to register with Elections Canada, which would allow them to be added to the voter list automatically when they turn 18. This would have a huge impact on our youth. Provisions in Bill C-76 would make it possible to contact approximately 1.5 million young people as part of civic education initiatives in high schools.

I remember the first time I voted, and how important it was to me. When I put an X on my ballot, I was excited to be weighing in on issues that mattered to me. I want to make sure that all of our youth have the same positive experience I had.

When our youth are empowered, they create change, and that leads to a brighter future. Studies have repeatedly shown that voting at a young age encourages lifelong voting and participation in the democratic process. Given that Canada ranks an uninspiring 23rd among OECD countries in voter turnout, encouraging habitual voting among the next generation of Canadians is a noble goal and a meaningful step forward.

Just as Bill C-76 looks to our youth as the future of our democracy, it also addresses changing realities and what our world will look like tomorrow. Cyber-threats pose a real and serious danger to the integrity of democratic processes everywhere. Canada must be prepared to meet these challenges with strength and determination to keep our elections secure and transparent. I am proud that Canada consistently ranks as one of the countries with the freest and most transparent elections, but this is no mere coincidence. It is because we have dedicated citizens and officials hard at work.

Democracy is at the heart of our communities and at the heart of our country. I know that Bill C-76 would strengthen Canada's democracy, not just for today but for many years to come.

[Attack in Toronto, April 25th, 2018]

Mr. Speaker, I stand before this House with a heavy heart today. I cannot express the depths of my sadness at the tragic incident that shook my riding of Willowdale two days ago. Those killed and injured are etched in my thoughts, and my heart goes out to all their loved ones.

We will never forget April 23, nor will we forget the response of our city and our country. Allow me, first and foremost, to salute all the first responders who courageously came forward, in particular Constable Lam, all the individuals who rushed to assist the victims, and of course the many people who have descended on Willowdale to pay their respects.

Allow me also to commend every member of this House for their leadership. I have no doubt that we will emerge from this more united than ever. Given all the angels I have seen in my riding, I have never been prouder to be a Willowdalian, a Torontonian, or a Canadian.

[Net Neutrality, March 27th, 2018]

Mr. Speaker, I am pleased to rise in the House today in support of Motion No. 168, which seeks to strengthen net neutrality and protect an open Internet in Canada.

I want to congratulate my colleague the member for Oakville for his determined defence of a free and accessible Internet. In his speech we heard him refer to the need to be a catalyst and I can think of no better catalyst than the member for Oakville himself. His work and the motion he has put forward today will do much to protect net neutrality in Canada.

When we speak about net neutrality, Internet traffic management practices, and differential pricing practices, it can seem like we are grappling with new frontiers in the ever-expanding world of technology. In fact, however, the principles at the core of net neutrality are in many ways similar to the foundations on which our country was built 150 years ago.

When we defend net neutrality, we are preserving principles as foundational to our democracy as freedom of the press and freedom of expression. Indeed, values of diversity and freedom of expression are fundamental to what we celebrate about being Canadian. One hundred years ago, views were exchanged, debated, and challenged in our town squares. Today, the Internet is our town square and it is vital that we ensure it remains open, diverse, and accessible.

However, free access to the Internet is not just important because we are committed to protecting basic rights and freedoms. It is also absolutely crucial because access to an open Internet where everyone enjoys a level playing field is integral to creating Canadian jobs, supporting innovation, and allowing our businesses and entrepreneurs to reach markets around the world.

In my riding of Willowdale, I am proud to have vibrant and cutting-edge businesses that employ people in good-paying jobs and put Toronto on the map for innovation. One notable industry leader is Square. Square's Canadian headquarters are located in Willowdale. Square employs dozens of people locally and even more people in Kitchener-Waterloo. The office in my riding has hardware engineers who contribute to the design of products that are used globally and a business team that brings integrated payments and business tools to Canadian sellers. Square's innovative tools are used across Canada by everyone from contractors and professional services to cafés, local stores, and vendors at farmers markets. It is a testament to the truth that when everyone has equal access to the Internet, local businesses and charities have the tools they need to succeed.

Protecting a free and open Internet means standing up for the innovators who drive growth in all of our communities.

Not only do we need to protect the Internet for today's businesses, but we also need concrete action on behalf of tomorrow's generations who will be working in an increasingly online workforce. This government understands the importance of getting our youth the skills they need for the labour market of the future.

I was thrilled to help launch Canada Learning Code in Toronto this past January, where our government invested $7.9 million in coding and digital skills through CanCode, which is a $50-million federal program that gives children from kindergarten to high school the chance to learn coding and other digital skills. While our children are learning how to thrive in tomorrow's economy, it is our duty to ensure that their innovations and entrepreneurial spirit are provided the free and open Internet they desire.

In Canada, we are not starting from scratch when it comes to protecting the Internet and promoting access from coast to coast to coast. I am proud that our government is already working to increase access to the Internet with initiatives like connect to innovate, where we have pledged to invest $500 million by 2021 to ensure that 300 rural and remote communities in Canada have access to the high-speed Internet so they can be connected to new opportunities. Protecting net neutrality is another facet of ensuring that Canadians are able to be connected for success.

I am also encouraged that we already have powerful tools at our disposal to defend net neutrality. The Canadian Radio-television and Telecommunications Commission is committed to supporting and enforcing net neutrality because it understands that Canadians must have access to choice and the free exchange of ideas. The CRTC makes sure that Internet traffic management practices comply with our laws. In April 2017, it established a new framework to deal with differential pricing practices. Furthermore, Canada has some of the world's strongest legislation in this area. The Telecommunications Act treats Internet service providers like utilities, which means they cannot give preference to certain services or influence the content transmitted on their networks. However, we still need to be vigilant in protecting this vital right.

We are at a pivotal moment in the defence of net neutrality. Today, we face an environment where decisions are made in international markets to back away from net neutrality. The world may be made up of countries spread across seven continents, but we are one global community tied together by shared culture, media, and businesses that thrive online.

At the same time, Canada is also approaching reviews of the Telecommunications Act and the Broadcasting Act. The Minister of Canadian Heritage has launched a review of both acts as part of a greater effort to ensure that Canadian content is celebrated and has an international audience. I applaud this initiative. Digital technology is a most rapidly changing field, and for this reason we must review Canada's legislation to ensure that our laws remain up to date. These reviews also present an ideal opportunity to explore avenues to further strengthen the laws that protect net neutrality.

In summary, I would like to once again thank my colleague for bringing this important issue to the attention of the House. As we consider the importance of net neutrality, let us reflect on the fundamental question of what it means to live in a free and open society. In the words of Prime Minister John Diefenbaker, “I am a Canadian...free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong.”

[2018 Winter Olympic and Paralympic Games, February 8th, 2018]

Mr. Speaker, the upcoming Winter Olympics in Pyeongchang, South Korea, mark our largest ever delegation sent to the Winter Games, with 230 proud Canadian athletes ready to compete. I know that all of our Canadian Olympians and Paralympians will do us proud.

Olympic mascot Soohorang and Paralympic mascot Bandabi are already delighting kids and inspiring the next generation of Canadian athletes.

The Olympic Organizing Committee has chosen “Peace” as the central theme of tomorrow's opening ceremonies. I hope the games can serve as a turning point for conflicts around the world.

I join all Canadians, including many in my riding of Willowdale, in celebrating the Korean hosts of these games and the Canadian athletes, coaches, trainers, and staff who will be proudly wearing the Maple Leaf in Pyeongchang.