Bill C-223 (Keeping Children Safe Act)
What it does
Bill C-223 proposes changes to Canada’s Divorce Act, so family court decisions better protect children and survivors of family violence.
Some of the changes this Bill proposes include:
- Lawyers having to screen for family violence risk early in a case
- Helping judges recognize coercive control and how it affects children
- Putting more weight on children’s views, when it’s safe and appropriate
- Making it clear there is no automatic assumption of shared parenting time
- Reducing reliance on harmful myths and stereotypes in court
- Preventing allegations of parental alienation from being raised in family court
Our view
Luke’s Place supports the goals of Bill C-223: that family court decisions prioritize children’s and survivors’ safety.
In our experience, family violence is often missed or minimized in court. This is especially true for post-separation violence, with many people working in the justice system believing that violence ends when the relationship does. It doesn’t. Many of the survivors we support at Luke’s Place are grappling with ongoing abuse while at the same time having to navigate the legal system. Bill C-223 is a meaningful step toward addressing these concerns.
However, changes to the law alone will not bring about meaningful change for survivors in family court unless these changes are paired with substantive training, ongoing education, and practical guidance for all legal system professionals, including judges and lawyers. It is not enough to change the law without changing the attitudes of the professionals who interpret and apply the law in court.
What we’d strengthen
Luke’s Place strongly supports the passage of Bill C-223, but believes some of the following changes would help to strengthen it and make it easier to implement in practice:
- Clarify the role of lawyers in screening and safety planning, using clearer language that puts ownership of safety plans in the hands of survivors, not lawyers.
- Require courts to assess family violence before considering any allegation that a parent is intentionally trying to interfere with and undermine the other parent’s relationship with the child.
- Revise the definition of “reunification therapy” in the Bill so that courts are not precluded from ordering any form of counselling where appropriate.
- Remove the requirement that both parents consent before a judge can hear directly from a child.
For an overview of our support of Bill C-223, including our proposed changes, please see our brief.
What happens next (and how you can help)
Bill C-223 passed second reading and has been referred to the Standing Committee on Justice and Human Rights, where it will be studied, and witnesses may be invited to share their views. The Committee will then vote on the bill and may propose amendments when reporting back to the House of Commons. The final version of the Bill will then be subject to third reading in the House, after which, if it passes, it will be referred to the Senate.
Click here for more information about the legislative process.
Click here for more information about the current status of the Bill.
If you want to support the Bill, you can contact your local MP and ask them to support it at third reading. You can also prepare your own written brief and send it to the Standing Committee on Justice and Human Rights. Click here for more information on how to submit a written brief.