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Justice committee Okay. Thank you for that. In his testimony, Mr. Ludmer talked about the fact that there's a lot of inconsistency from judge to judge, from jurisdiction to jurisdiction, as a result of uncertainty surrounding what is in the best interests of the child. Has that been your experien
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Are you aware of any social scientific studies that are Canadian?
November 26th, 2018Committee meeting
Michael Cooper
Justice committee None that are Canadian, but there are—
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Right. Thank you. The suggestion was made, when I asked a question about maximum parenting time to Mr. Ludmer, that it's something the courts already consider. Obviously issues around family violence and other reasons one parent might not be suitable are already considered. It w
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Right. Perhaps I didn't phrase my question clearly. Just to clarify, what I was suggesting is that there's no inconsistency between having a rebuttable presumption and the best interests of the child.
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Thank you.
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Mr. Syrtash, on that point, could you comment on how a rebuttable presumption would increase certainty, predictability and fairness?
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Dr. Landau made reference to social science data that she said was incomplete, had small samples, is biased and isn't reliable. You made general reference to some of the social science evidence, but I would invite you to put on the record some of the social science evidence that
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Thank you.
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Thank you, Mr. Chair. Thank you, witnesses. Mr. Ludmer, I'm interested in the comments you made about the arbitrary decisions that are made from judge to judge, from province to province. Are you able to elaborate on some of the differences that you see from jurisdiction to jur
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Thank you for that. Ms. Landau and Ms.—
November 26th, 2018Committee meeting
Michael Cooper
Justice committee In any event, I'll be sure to refer to you by that. Both of those witnesses made references to a lack of an individual assessment based upon a rebuttable presumption. Could you comment on that? To me, it seems to not make a lot of sense.
November 26th, 2018Committee meeting
Michael Cooper
Justice committee Could you address the concern that was raised—and I think you did touch on it a bit—about weeding out instances where domestic violence is at play? The suggestion was made that the rebuttable presumption would somehow result in overlooking domestic violence. Can you comment on th
November 26th, 2018Committee meeting
Michael Cooper