
QUESTION PERIOD — Justice
Divorce Act
November 27, 2024
Senator Gold, recently, senators have questioned you about the coercive use of parental alienation, a tactic used by abusive spouses — predominantly men — in child custody cases. You relied on the 2019 amendments to the Divorce Act, which were meant to improve the legal response. However, last month the UN-elected independent experts on the Committee on the Elimination of Discrimination against Women, or CEDAW, which monitors the Convention on the Elimination of All Forms of Discrimination against Women, released its report on Canada’s progress toward ending all forms of discrimination against women, calling on Canada to “. . . prevent the use of the parental alienation syndrome . . . in the Canadian legal system.”
Further, the committee excoriated Canada’s lack of evidence on the actual impact of Divorce Act reform. Why won’t this government listen to the expert evidence and protect victims of domestic violence?
Thank you for your question. This government is committed to doing what it can and must do to continue to fight against this particular scourge of domestic violence and coercive control.
With regard to any further measures that might be considered or the follow-up from the UN report, which the government respects and takes seriously, I’ll certainly raise this question with the minister.
Thank you very much. Another UN expert, the Special Rapporteur on violence against women and girls, is unequivocal, saying that “parental alienation” is:
. . . a discredited and unscientific pseudo-concept used in family law proceedings by abusers as a tool to continue their abuse and coercion and to undermine and discredit allegations of domestic violence made by mothers who are trying to keep their children safe.
What is the evidence the government is relying on to justify not curtailing parental alienation allegations in court?
Again, Senator McPhedran, I don’t want to mislead the chamber, but I cannot validate your assumption that the government is using evidence to ignore that. I simply don’t know the status of the considerations. What I do know is that criminal law reform takes time, and properly so, and that the processes to analyze and move things forward take — and should take — proper time. I will raise this with the minister.