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Continue supporting Bill C-560 For the Sake of the Children

Friday, March 28, 2014 - SharedParenting - Paulette MacDonald - CEPC

RE: Titus's post regarding C-560 - I would like to start by saying c-560 is essentially c-422 a bill that she herself introduced with Vellacott in 2009.

Frankly, I'm embarrassed by her actions so close to second reading and we haven't been friends since 2012 so I read it when it was posted on CEPC's membership list... so please don't message me asking why she is doing this now; message her directly.

Please see George Piskor's post below and I urge you all to continue supporting Bill C-560; For the Sake of the Children!

1. The fundamental legal reality is that judges retain an overriding discretion under “parens patriae” doctrine to overrule ANY legislative wording relating to the child. In other words, barring constitutional amendment, it is constitutionally impossible to eliminate judicial discretion in child related issues as many would like based on demonstrable grounds...and this has been the case since at least 1603. 

The challenge is therefore to strike the right balance. If any legislation is deemed too stringent, judges will automatically invoke “parens patriae” (or, worse yet, rule the legislation as being invalid); if the legislation is too lax, then we’ll have the current situation of unbridled discretion. Somewhere in between is the Goldilocks zone of “just right” given that some degree of judicial discretion is a reality. 

As many of us know, C-560 (previously C-422) already incorporates the best-effort Goldilocks zone as defined by CEPC and member organizations from the FRM (Family Rights Movement) using an agreed transparent democratic voting process. As in any consensual process, C-560 is not “perfect” (or even acceptable to some), but as the old adage goes: “Perfect is the enemy of good”. 

In short, let’s remember that C-560 represents the majority FRM view, and that the points being raised now were first hashed out in CEPC Committee with delegates from participating member organizations; secondly by the CEPC Board; thirdly by Maurice Vellacott, the sponsoring MP; and lastly by Parliamentary Legislative Drafters whose mandate is to weed out openly unconstitutional provisions as one might expect.

2. However, there’s a more fundamental point at stake here. This is truly an inopportune time for discussions on legislative fine tuning as we head into the Second Reading vote next month. Here’s why:

a. Procedurally- and by that I mean according to parliamentary procedures- the train has left the station on changes. Any changes to C-560 at this point would require the Bill to be totally withdrawn! After amendments were made, the whole legislative cycle would start from square 1. This means turning the clock back to 2009 on the legislative calendar and losing the past 3 ½ years of work. This, of course, is tantamount to killing any legislative prospects for reform in this parliament. 

b. United Front. Prior history in every country has shown that the smallest crack of disunity will be exploited by opponents. This is a time for the community to rally around the legislation and supporting MPs in a show of unity- all the more so as C-560 is a Private Member’s Bill and does not carry the full weight of a Government Bill (unless the Government explicitly chooses to adopt C-560 as its own Bill which is something that CEPC and other organizations will be promoting)! 

c. Implications for the Future. Why would any sane MPs want to work with the FRM community in the future if the political rug is perceived to be pulled out from under their feet , be it thru well-intentioned ignorance or perceived vacillating support?

3. The time for discussion of suggested improvements, or expressions of support or rejection as the case may be, is not now but after C-560 hopefully passes Second Reading and advances to Committee Stage in Parliament. At that time, every individual and organization will be free to make their views known in writing as part of public consultations and/or orally before the House Justice Committee. C-560 will then be revised in Committee and, if the revisions are deemed consistent with the original intent of the Bill, continue on to final Third Reading.

My simple plea here is: a) at a minimum, don’t rock the boat until it docks, and preferably, b) celebrate and support the journey initiated by the FRM majority to a hopefully successful conclusion.

United in Purpose & Spirit,

George Piskor

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