Liberal Changes to Divorce Act Inadequate: Says Hill

August 14, 2002

Fort St John – Jay Hill, MP Prince George Peace River responds to yesterday’s news reports regarding Federal Justice Minister Martin Cauchon’s move to make the Canadian Divorce Law less adversarial.  

“This is a typical Liberal action, going part way, but not enough to solve the problem,” said Hill.   

It was reported that Minister Cauchon intends to change the terminology and eliminate “custody” and “access” from Canada’s divorce laws.  It was suggested that “parental responsibility” not “shared parenting” is being considered to replace “custody” and “access”. 

“The potential move to change the wording in the Divorce Act to ‘parental responsibility’ is insufficient to counter the gender bias in the court system,” said Hill.  “ I’m pushing for equality.  Both parents should have equal rights and equal access to their child.  ‘Shared parenting’ does not mean 50/50 split, it means 50/50 parenting responsibility.” 

Hill said, “Since being elected in 1993, I have pressed for amendments to the Divorce Act to automatically grant ‘shared parenting’ in the case of divorce or separation, except in cases of abuse or neglect.”  

“The courts seem to start from the premise that somehow fathers aren’t responsible parents.  But, both parents are deemed good parents as long as the marriage lasts, why are they not when the marriage ends?” noted Hill.  “The courts’ gender bias is seen in numbers alone.  According to Stats Canada figures for 1998, mothers were granted custody in 60 per cent of cases, fathers received custody in 10 per cent of cases and joint custody was only granted in 30 per cent of cases.” 

“It is nice to see that the Liberals finally recognize the urgent need to change the antiquated Canadian Divorce Act.  But, anything short of granting “shared parenting” to both parents in cases of divorce or separation will not address the gender bias of the courts, nor will it be in the best interest of the child,” Hill concluded.