Le ministre de la Justice Irwin Cotler a reconnu \u00e0 plus d\u2019une reprise que \u00ab les droits des femmes sont des droits humains\u00bb. Mais il s\u2019appr\u00eatait \u00e0 re-d\u00e9poser le projet de loi C-22 modifiant la Loi sur le Divorce sans aucune analyse de l\u2019impact des modifications propos\u00e9es sur le droit \u00e0 l\u2019\u00e9galit\u00e9 et \u00e0 la s\u00e9curit\u00e9 ainsi que sur d\u2019autres droits humains des femmes. L\u2019ANFD lui a fait part des aspects du projet de loi C-22 qui sont probl\u00e9matiques pour les femmes et les enfants.<\/p>\n
Cette lettre est disponible seulement en anglais.<\/em><\/p>\n Honorable Irwin Cotler October 14, 2004<\/p>\n Re: Custody and Access and the Reform of the Divorce Act<\/p>\n Minister Cotler,<\/p>\n We are writing with respect to your recent announcement concerning reforms to the Divorce Act. We are alarmed that you are considering re-introducing Bill C-22, and in particular the changes in terminology that would replace custody and access by the very vague notion of \u201cparental responsibility\u201d.<\/p>\n As you may know, the National Association of Women and the Law (NAWL) has been actively involved in the process to improve the Divorce Act for many years. We urge you to promote reforms that will ensure both respect for the best interests of the child and women\u2019s equality.<\/p>\n The Divorce Act has been the subject of considerable and intense scrutiny by the federal government, the Federal\/Provincial\/Territorial Family Law Committee, women\u2019s equality-seeking groups and many other Canadians. There have been years of hearings, consultations, research and reports on the reform of the Divorce Act. Your Department has been very active in commissioning original research and analysis. However, to date we have not seen one single report analyzing the impact of proposed changes on women\u2019s equality, security and other human rights. This is astounding, given the Justice Department\u2019s commitment to gender based analysis, and your many statements recognizing that \u201cwomen\u2019s rights are human rights\u201d.<\/p>\n Reform is urgently needed in this area. Indeed, the application of the current \u201cmaximum contact\u201d principle and the de facto joint custody presumption that is being adopted by many judges across Canada and in Quebec do not benefit many children. In some cases, they jeopardize the children\u2019s well being by forcing them to be in contact with abusive fathers. They also place abused women in a very vulnerable position, since they must maintain ongoing, frequent and extensive collaboration and coordination with their abuser, the children\u2019s father. This often results in abusive men using the law and the courts to further harass and oppress their wives. This is certainly not a government practice that promotes women\u2019s human rights!<\/p>\n NAWL has also consulted extensively with women across the country on this issue. A strong common theme emerged: women want a Divorce Act that promotes the best interests of children, that supports the equality rights of women, that acknowledges the realities of parenting responsibilities in Canadian families and that protects women and children from violence and abuse. Simply changing the terminology to replace custody and access with \u201cparental responsibility\u201d would not bring about substantive change in parenting practice, and would create a lot of uncertainty and confusion in the law. We fear that it will fuel more \u2013 not less- litigation.<\/p>\n Women have also made it clear that law reform will be futile if legal aid and advocacy services are not adequate, as is the case in many regions at the moment. To this end, we urge you to increase federal funding for civil legal aid.<\/p>\n You have a proven commitment to an egalitarian, democratic society that respects and upholds the human rights of women and men of all communities and social conditions, as enshrined in the Canadian Charter of Rights and Freedoms. Much work has been done, both within government and in society at large, to advance women\u2019s human rights in all spheres. It is imperative that we keep moving forward and not slip back into the \u201ctraditional\u201d patriarchal values espoused by some members of your caucus.<\/p>\n We would be delighted to meet with you as soon as possible to discuss these important concerns.<\/p>\n Yours very truly,<\/p>\n Andr\u00e9e C\u00f4t\u00e9 Cc Honorable Liza Frulla<\/p>\n","protected":false},"excerpt":{"rendered":"
\nMinister of Justice
\nGovernment of Canada
\nHouse of Commons
\nOttawa<\/p>\n
\nDirector of Legislation and Law Reform<\/p>\n