Archive

Posts Tagged ‘Best Interest of children’

Canadian Divorce Reform: 1998 – 2003

Herbert Eser Gray, Queen’s Counsel

Former Deputy Prime Minister Dies At 82

Maple Leaf 20X20OTTAWA – From The Canadian Press

Herb Gray, a former deputy prime minister and one of Canada’s longest-serving parliamentarians, died Monday at the age of 82.

The federal Liberal party said Gray passed away peacefully at an Ottawa hospital.

“Beloved by all, Herb devoted a lifetime to his party and his country, in both good times and bad,” Liberal leader Justin Trudeau said in a statement.

“He has left behind an immense legacy unmatched by most in Canadian history.”

Prime Minister Stephen Harper extended his condolences to Gray’s family as news of his death spread.

“He was an honourable parliamentarian who served his country well,” Harper said on Twitter.

Gray’s career in federal politics spanned nearly four decades, starting in Opposition to John Diefenbaker and sweeping to victory with Jean Chretien’s third Liberal majority government in November 2000.


2003 Women’s Groups Raged Against Shared Parenting

Women’s Justice Network on Bill C-22, An Act to Amend the Divorce Act

Bill C-22: Where Now?
By Pamela Cross

When Bill C-22, An Act to Amend the Divorce Act, died in November 2003, a long chapter in NAWL’s work on reforms to custody and access legislation came to a close. We now find ourselves in a position to consider the broader question of women’s equality within family law generally. This issue of Jurisfemme, largely focused on the topic of family law, is the start of that work. This first article provides a brief update on Bill C-22.

Bill C-22 was many years in the making. The federal government began its most recent examination of custody and access law in 1997 with the establishment of the Special Joint Committee on Child Custody and Access, which released its report “For the Sake of the Children” in December 1998. (For more background information on this report and the history of activities undertaken by women’s rights organizations, visit the NAWL website at http://www.nawl.ca or the Ontario Women’s Justice Network website at http://www.owjn.org)

Since the release of the 1998 Report, the Federal, Provincial, Territorial Committee on Family Law, various Ministers of Justice, women’s equality-seeking and anti-violence organizations and other Canadians, including “fathers’ rights” groups, have all been actively involved in the legislative reform process.

Both before and after the introduction of Bill C-22 in December 2002, the following issues have been of particular concern to organizations working for women’s equality:

1) The language to be used to describe custody and access arrangements between parents

2) The best interests of the child test

3) Women’s access to justice

NAWL’s strong position with respect to each of the issues can be summarized as follows:

1) While there are difficulties with the existing language of custody and access, the proposed language of parenting orders, parental responsibility, parenting time and shared decision making will prove even more difficult. It will endanger women and children leaving abusive relationships, expose children in some situations to international kidnapping, confuse the existing child support guidelines and greatly increase litigation.

2) There needs to be a best interests of the child test with specific criteria, including past caregiving history, the presence of violence, the ongoing safety of the children and their primary caregiver, violence risk factors, race and ethnic origin and Aboriginal heritage.

3) Women must be assured access to justice through properly funded legal aid, independent, community-based services and mandatory training on violence against women and children for lawyers, judges and all family court personnel. Mediation must never be mandatory.


B.C. family laws face sweeping change

Bill that vows to protect children would also extend property rights to common-law couples

CBC Logo 20X20CBC News British Columbia – Nov 14, 2011

B.C.’s attorney general introduced a bill Monday that would create a new Family Law Act to replace the 1978 Family Relations Act, and better serve the interests of children.

Shirley Bond told the B.C. Legislature that the primary goal of the proposed act is to ensure the safety and well-being of children during and after the process of separation or divorce.

“The best interests of the child must be the only consideration,” Bond said.

Bill 16’s recommendations follow from a discussion paper and draft legislation issued in July 2010. The white paper suggested, among other things, toning down the language in the law by removing terms such as “custody.”

The bill tries to reduce conflict by steering couples away from courts and towards mediation.


Bubble6_Flyer_B_french_La_fete

Bubbles Good Kevin2

















La fête des bulles d’amour – le 25 avril, 2014
Ensemble, nous sommes capables de beaucoup.
Il n’y a que 2 jours avant la journée de sensibilisation!

Bubbles Of Love Day – April 25, 2014
Together We Can Make A Difference
Only 2 days till Awareness Day!

Advertisements

Best Interest of Children

Sean Casey, MP for Charlottetown

Justice spokesperson for the Liberal Party of Canada on Best Interest

Dear Kevin,

Thank you for your email on Bill C-560 which is currently before the House of Commons. From the outset, I wish to convey to you that I have reviewed the Bill thoroughly and I have sought and heard advice from individuals and groups both for and against this initiative.

As Justice spokesperson for the Liberal Party of Canada, it is my duty to assess any given Bills that touch upon the Justice portfolio.

After careful consideration of the facts, I forwarded my views to my colleagues in our parliamentary caucus. The Liberal Caucus had the opportunity to consider the Bill, from a perspective based in facts, and in this instance, taking into consideration the particular sensitivities that arise when dealing with divorce.

After much discussion in our Caucus, it was recommended that the Liberal Party not support this Bill in its current form. I have included a link to my speech on this Bill given in the House of Commons during this Bill’s First Hour of debate. I provide it for your review and to give you a more in-depth perspective of my concerns with the Bill.

Sean Casey on Bill C-560

The concerns I raised in my speech, specifically, include the “best interest of the child” approach, which is a view that is shared by the former Justice Minister Rob Nicholson as well as the current Conservative Justice Minister, Mr. MacKay. These two senior Conservative Cabinet Ministers have clearly expressed their concern about changing the standard from the “best interest of the child” to one of equal parenting.

As you likely know, there will be a Second Hour debate on this Bill soon. After that Second Hour debate, there will be a vote at Second Reading. It is not clear whether the Bill will pass Second Reading and make its way to Committee. Should it pass Second Reading, and then go to Committee, I can assure you that the legislation will get a fair and open hearing, from all sides and all parties including an opportunity to hear from experts.

I realise that you support this Bill. I also realise that my opposition to the Bill, and that of my colleagues in the Liberal Party, may be of some disappointment to you. I applaud your efforts to bring forth your views on this important issue. It is the proper role of Parliament to debate tough issues, and more importantly, that the debate be robust and respectful of differing opinions.

Again, thank you for your time in writing me and for making your voice heard.



creating an unacceptable risk

A Matter of Child Safety

The Divorce Act Creates An Unacceptable Risk To Children

Dear Honourable Mr. Casey,

It was an honour to receive your email regarding the position of the Liberal Party of Canada on Bill C-560. It would be interesting to know if Mr. Trudeau intends to whip the vote on this Bill. If the Bill goes to committee I have already written Mr. Vellacott to express my willingness to be a committee witness.

I was only recently separated and our children were very young during the original For The Sake of Our Children Committee hearings. I never managed to testify then. Later, the seemingly permanent Justice Committee hearings were not as widely advertised. I have never testified yet. The ongoing nature of all these justice hearings would seem to put to rest your suggestion that family law will not reform, when it has done nothing but make considerable corrections and reforms since those early days.

With all due respect to you and all our Honourable Members of Parliament, I hope I can further address your concern regarding either the form of this Bill or the name of the man who brings it. The retroactive form is reasonable given the Constitutional nature of these proposed remedies. Your concern that many parents might try to re-connect with their children if given a chance expresses the exact purpose of the Bill quite nicely. As to Mr. Vellacott, like the Prime Minister I lend my full support to Mr. Vellacott’s Bill. I have called it Canada’s Bill because it comes with solid grassroots support for the benefit of our children.


In preparing for the May 7 vote for Equal Shared Parenting I hope you and our other Honourable Members of Parliament will ask yourselves one question: Is it a grave error in law – a palpable and significant material error in law – and a serious violation of the Section 7 Charter right to life, liberty, and security of person that the Divorce Act(Canada) creates an unacceptable risk Canada’s Honourable Courts will NEVER be able to determine the best interest of our children?


Here are three examples of the irrational, arbitrary and hurtful outcomes for children from the Divorce Act.

1) Many parents, like me, are prevented from parenting on their holy day, or rest day each week, which prevents their children from learning about their religion or even fully learning about their parent. This is an egregious error in law and a serious violation of children’s fundamental Charter rights to freedom of religion, expression and association, requiring Parliament’s immediate and retroactive remedy.

2) Many Canadian parents, who like me, were once shift workers are legally declared permanently unfit parents, but only after they are separated. Sometimes, even when their co-parent is also a shift worker, but not declared unfit. This creates parentlessness and is a serious violation of both the parent’s and children’s Section 15 Charter equality right to equal protection under the law requiring an immediate and retroactive remedy.

3) Almost all Canadian parents found by a family court to be unfit parents are prevented from rehabilitating themselves and are considered permanently unfit. This is both irrational and a serious violation of Canadian’s Section 7 Charter legal rights to reconsideration which creates the worst possible outcome for our children, either losing one or both parents permanently. This absurd, devastating and unequal outcome for children caused by the Divorce Act requires an immediate and retroactive Constitutional remedy either by Canada’s Parliament or by Canada’s Guardians of the Charter. Any Honourable Canadian Judge is a Guardian of our Charter of Rights and Freedoms.

Public Law vs Private Law Custody Cases

Canada has always contended that there is a difference between the public law found to be unlawful in the G.(J.). case and the private law found to be lawful in any Canadian divorce case. The landmark case which the Honourable Attorney General of British Columbia relied on in March 2014 to prove this difference was De Fehr v. De Fehr, 2002 in the British Columbia Court of Appeal. Although all custody hearings engage serious interests, the seriousness varies according to the length of the proposed separation of parent from child and the length of any previous separation. Custody hearings in divorce proceedings can result in a permanent separation of parent from child.

The question is not is the best interest standard in public law cases, like G.(J.), the same as the best interest standard in private law cases, like De Fehr. All Canadian law cases are heard following the same rules of court, the same principles of law, and under the same Constitution. All the fundamental rights and responsibilities of every Canadian citizen expressed in our Constitution are meaningless – even our MOST fundamental Section 2 rights are meaningless – unless our Section 7 legal rights to a fair process are first upheld. Further, it is unethical for the British Columbia Minister of Children and Families to avoid public custody law cases by threatening protective parents with child abandonment charges if they do not bring a private custody law case that cost as much as $100,000. The Honourable Minister Lois Boone gave me ten days to bring on a private custody case that she had a statutory duty to bring as a public case. Finally, both private law and public law custody cases have been problematic as noted in the 1995 Gove Inquiry into Child Protection and the 2014 ruling of bad faith against the London-Middlesex Children’s Aid Society.


“This was exacerbated by the actions of the Society, some police officers, some women’s groups, a school board and her employers . . . many of whom accepted without any level of scrutiny the (woman’s) self-reports.” ~ Superior Court Justice John Harper on the largest financial penalty ever dished out to a child-protection agency in Ontario


So the burning question is how can we ever find the best interest of children in custody cases with poorly trained judges and untrained, self-represented parents and still claim we followed the high standard set out in the G.(J.). case or even followed elementary principles of due process. Since we are not going to provide state-funded lawyers for all custody cases, then Bill C-560 proposes we follow the the rebuttable presumption of equal parenting time if parents cannot agree on their own parenting plan (which can divide time and responsibility as the parents wish). I believe this standard of reduced conflict will work for most Canadian families, especially now that society frowns on such scandals, and being a matter of child safety.

It was very ethical of you to assure me that our Equal Shared Parenting legislation will get a fair and open hearing, from all sides and all parties including an opportunity to hear from experts. As we have seen in G.(J.). not all hearings are open and fair. If you are successful in blocking Bill C-560, I hope to have my Constitutional Question certified over the objections of the Honourable Minister MacKay, although the only expert I can afford is myself.

Again, it was an honour to hear from you. Thank you for taking the time to try to help our children.


Bubble6_Flyer_B_french_La_fete

Bubbles Good Kevin2

















La fête des bulles d’amour – le 25 avril, 2014
Ensemble, nous sommes capables de beaucoup.
Il n’y a que 6 jours avant la journée de sensibilisation!

Bubbles Of Love Day – April 25, 2014
Together We Can Make A Difference
Only 6 days till Awareness Day!

%d bloggers like this: