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Status of Women committee Shannon, if I could jump in, I think it was “violence entre partenaires intimes”.
May 13th, 2022Committee meeting
Claire Farid
Justice committee It's a civil onus, and the definition of family violence specifically indicates that there does not have to be a criminal offence for the behaviour to come within the definition of family violence.
February 2nd, 2021Committee meeting
Claire Farid
Justice committee That's right.
February 2nd, 2021Committee meeting
Claire Farid
Justice committee I would say that the main way the issue of coercive and controlling is being dealt with under the Divorce Act is its inclusion in the definition of family violence. That definition of family violence is used to determine the child's best interest and we're using the best-interest
February 2nd, 2021Committee meeting
Claire Farid
Justice committee The conduct is not specifically included in the act as grounds for seeking a divorce. The conduct is taken into account when the best interests of the child are being determined in order to establish parenting arrangements after the divorce. The term is, however, included in the
February 2nd, 2021Committee meeting
Claire Farid
Justice committee No, “coercive” and “controlling” are the terms used, but they are not defined in the act.
February 2nd, 2021Committee meeting
Claire Farid
Justice committee Yes. They are also included in the factors for determining what is in the best interests of the child.
February 2nd, 2021Committee meeting
Claire Farid
Justice committee No, I don't have anything to add as far as those definitions and criminal law are concerned.
February 2nd, 2021Committee meeting
Claire Farid
Justice committee The important thing to take into account with respect to coercive and controlling behaviour is whether it constitutes a pattern. In the family environment, it's important to consider not just isolated incidents, but also behaviours that occur over months and years. When incidents
February 2nd, 2021Committee meeting
Claire Farid
Justice committee I was actually the one who talked about the Divorce Act. If I understand correctly, you'd like to know how controlling or coercive conduct would be dealt with under the Divorce Act.
February 2nd, 2021Committee meeting
Claire Farid
Justice committee Provincial family law has a broader scope than the Divorce Act does. The act applies only to certain aspects of the divorce itself, as well as matters related to child support and parenting arrangements. The amendments in Bill C-78 include a definition of family violence that ap
February 2nd, 2021Committee meeting
Claire Farid
Justice committee I was just going to say that our colleagues from the research and statistics division at Justice Canada would be well placed to provide some of that information. One project that we're undertaking at the Department of Justice with respect to the pandemic and the civil court syst
February 2nd, 2021Committee meeting
Claire Farid
Justice committee Perhaps I could speak to that particular issue. As I mentioned, certainly in the family law realm, which is where parenting issues are generally addressed, as Ms. Levman mentioned there has been a different experience in different jurisdictions, primarily related to levels of CO
February 2nd, 2021Committee meeting
Claire Farid
Justice committee Thank you. I can't comment on that aspect of the bill. I will say, though, that the pandemic has certainly exacerbated the problems victims of domestic violence face, as you mentioned. Family justice services have been available throughout the pandemic in various formats. A num
February 2nd, 2021Committee meeting
Claire Farid
Justice committee I am here mainly to talk about the Divorce Act, but my colleague Ms. Levman—
February 2nd, 2021Committee meeting
Claire Farid