I wish to thank Members of the Special Joint Committee on Child Custody and Access, which has done very important work over the past year on an emotional and difficult issue. The level of interest demonstrated in the work of the Committee and the
broad range of views presented before it underscore the complexities of custody and access issues and demonstrate that there are no easy solutions.
Governments, the court system, social workers and all others working in the family law system must never lose sight of the fact that we are all working towards what is best for children. The current Divorce Act already indicates that custody
and access decisions must be based on the best interests of the child. I do not want to depart from that focus. Testimony before the Committee has also demonstrated that, in view of the diversity of families in Canada today, a "one size fits
all" formula for families would be unworkable. The focus of the Committee’s report is to ensure that the interests of children are first and foremost; the Government supports this approach.
Divorce is always a difficult and painful experience, especially for the children involved. While the majority of divorcing couples in Canada manage to do so in an amicable manner and without the intervention of the courts, children still experience
a great sense of loss when they or a parent leaves the family home. The distress can be even greater when the children must witness tension and animosity.
Issues surrounding divorce, and custody and access fall within areas of overlapping constitutional jurisdiction. In the coming months, I will be working in close consultation with my provincial and territorial colleagues on the recommendations
contained in the Committee report. We will also be examining the results of studies undertaken in other jurisdictions, such as those conducted recently by the Alberta and Saskatchewan governments. Reforms that would clearly support the best interests
of the child will be given every consideration.
