Skip to main content

SJCA Committee Meeting

Notices of Meeting include information about the subject matter to be examined by the committee and date, time and place of the meeting, as well as a list of any witnesses scheduled to appear. The Evidence is the edited and revised transcript of what is said before a committee. The Minutes of Proceedings are the official record of the business conducted by the committee at a sitting.

For an advanced search, use Publication Search tool.

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Previous day publication Next day publication
MINUTES OF PROCEEDINGS

 

(Meeting No. 5)

February 23, 1998

 

The Special Joint Committee on Child Custody and Access met in camera at 3:55 o’clock p.m., this day, in Room 253-D, Centre Block, the Joint Chair, the Honourable Landon Pearson presiding.

 

Members of the Committee present:

 

From the Senate: The Honourable Senators Anne Cools, Mabel DeWare, Joyce Fairbairn and Landon Pearson.

 

From the House of Commons: Eleni Bakopanos, Carolyn Bennett, Robert Bertrand, Sheila Finestone, Roger Gallaway, Judi Longfield, Eric Lowther, Caroline St-Hilaire and Diane St-Jacques.

 

Acting Members present: Jocelyn Girard-Bujold for Madelaine Dalphond-Guiral, Guy St.Julien for John Harvard and Karen Redman for Nancy Karetak-Lindell.

 

In attendance: From the Research Branch of the Library of Parliament: Kristen Douglas, Research Coordinator

 

Pursuant to its Orders of Reference from the Senate dated October 28. 1997 and from the House of Commons dated November 18, 1997 the Committee resumed its study relating to child custody and access.

 

The Joint Chairs presented the Third Report of the Sub-Committee on Agenda and Procedure as follows:

 

It was agreed, -- That during its deliberations on its study on child custody and access, the Committee examine the following issues:

 

1. Context

 

    1. Definitions: custody and access
    2. Constitutional Division of Powers
    3. Current Divorce Act Provisions (including "friendly parent rule")
    4. Best interests test, status quo, primary caregiver
    5. Other mechanisms – provincial laws, mediation, assessments, settlement
    6. Enforcement mechanisms

 

2. Other Jurisdictions

 

    • United Kingdom
    • Australia
    • New Zealand
    • United States: California, Florida, Michigan, Washington State

 

Parenting Plans, Parental Responsibility, Parental Rights

 

3. Children’s Rights and Representation for Children

 

4. Voices of Children

 

5. Developmental or Psychological Effects of Divorce on Children

 

    • High conflict divorces
    • Domestic violence

 

6. Improving Outcomes for Children

 

7. Possible areas for Study

 

    1. Mobility Rights of Parents After Divorce/Separation
    2. Joint versus Sole Custody – Presumption?
    3. Rights of Access Parents
    4. Unified Family Courts
    5. Enforcement of Custody and Access Orders/Agreements
    6. Parental Child Abductions
    7. Supervised Access
    8. The Language of Custody/Access
    9. Gender Differences in Parenting and Family Law Outcomes
    10. Alternative Dispute Resolution – Meditation
    11. Third Party Access Rights (Grandparents)
    12. Second or Subsequent Family rights/Interests
    13. Divorce/Parenting Education
    14. Ethno-cultural Differences
    15. Aboriginal Communities
    16. International Complications
    17. Same Sex Issues
    18. Enforcement, Operation and Application of the Law on Custody and Access
    19. Parental Alienation
    20. False allegations of abuse
    21. Religious sects

 

8. Civil Legal Aid Availability and Barriers to Individual Participation in the Legal System

 

It was agreed, -- That prior to the holding of hearings across Canada the Committee hear panels of witnesses on the following issue themes:

 

    1. Non-Custodial Parents and Shared Parenting
    2. Women’s Groups
    3. Grandparent’s Groups
    4. Children’s Rights/Children’s Representation
    5. Family Mediation
    6. Same Sex Issues
    7. Aboriginal Communities
    8. Developmental/Psychological Effects of Divorce on Children
    9. Voices of Children

 

It was agreed, -- That the draft budget in the amount of $936, 425.00 be recommended to the Committee for its approval.

 

It was agreed, -- That the Committee engage the services of Ron Stewart as a Research Advisor and that the amount of his contract not exceed $49,500.00

 

X X X

 

Eleni Bakopanos moved, -- That the Third Report of the Sub-Committee on Agenda and Procedure be concurred in.

 

After debate, the report as amended, was concurred in, on division (Note: amendments are underlined).

 

It was agreed, -- That the draft budget in the amount of $936,425 be presented by the Joint Chairs to the Senate Committee on Internal Economy and the House of Commons Board of Internal Economy for approval.

 

At 5:01 o’clock p.m., the Committee adjourned to the call of the Chair.

 

 

 

RICHARD RUMAS and CATHERINE PICCININ

Joint Clerks of the Committee