Justice committee  The burdens as laid out in the bill, the framework, are very similar to what is in the legislation in Nova Scotia. There are three different situations. There's a situation where there's substantially equal time, and in that case the burden is on the person proposing to move. The

Justice committee  No, the legislative approach in the bill actually is not consistent with the approach in Gordon v. Goertz. It actually legislates more guidelines than there are in Gordon v. Goertz.

Justice committee  I would say it's an issue of tenses. “Was” assumes that the move has been prohibited, and then the court can't ask, if that were to happen, whether the person would move or not move. “Were to be” is just more forward-looking. It's a tense issue.

Justice committee  I would say that the language contained here is standard drafting language. It's a difference in tenses.

Justice committee  If there's a technical issue as to why notice is 60 days long...?

Justice committee  Certainly it's intended to provide sufficient time for someone to consider whether there's a need to provide objections to the notice and to allow for enough time for negotiations in order to prevent, if not necessary, a court application.

Justice committee  It's a policy decision, yes.

Justice committee  Certainly because this relates to the best interests of the child, if the court is concerned that sufficient time has not elapsed for the application to be brought, they would certainly have discretion in a particular case to nonetheless hear an application with respect to an obj

Justice committee  That's correct. In B.C. and Nova Scotia, there are 60 days to provide notice and 30 days to provide an objection by way of application.

Justice committee  The terminology “nature and strength” is used in other family law legislation. For example, it's used in the B.C. Family Law Act, and no concerns have been raised with respect to the use of that terminology in that legislation. The term “quality” is much broader than the concept

Justice committee  Yes. I'm not going to say that I know the exact date when it came into force, but it has been in force—

Justice committee  It's been in force for several years now, and we're not aware of any case law that has identified any problems with the use of the term “nature and strength”.

Justice committee  Certainly it would be identifying only one aspect of culture. If you look at the criteria in proposed paragraph 16(3)(f), you'll note that there's a more general reference to cultural, linguistic, and religious heritage, but indigenous heritage is included as one example of that.

Justice committee  Certainly the issue of family violence screening is an important one and it was raised by witnesses. The important issue to underline is that there's a jurisdictional issue here in terms of the implementation of any screening approach. Family violence screening requires training

Justice committee  The minister has already indicated that the definition of “family violence” is a very broad one. The examples given in the list are non-exhaustive, so it doesn't preclude other types of family violence from being considered if they fall within the general, broad definition. The