A rudder is required so that Bill 2 can really accomplish its objective of protecting victims of domestic violence and their children, argue the lawyers of the specialized body Juripop.
While the Parliamentary Commission is in full swing and is studying this bill on the reform of family law, Mr.e Sophie Gagnon and Me Justine Fortin hopes he will not “miss the boat”.
Domestic violence has been “in the blind spot” of family law practice for too long, they say.
Thus, they are delighted that Bill 2 incorporates the notion of “family violence” for the assessment of a good number of applications that will be made before the family law court: here we can think of applications for sole custody. children, deprivation of parental authority and all those where the “best interests of the child” must be considered.
But we need a bigger push, say the lawyers.
We cannot be satisfied with the inclusion of domestic violence in the bill, explained in an interview Mr.e Gagnon. It is necessary that “conjugal violence” is inscribed in black and white and defined. At this time, those words are missing from the proposed legislation.
Domestic violence has its own dynamic, explains the prosecutor. “Strict use of the term ‘domestic violence’ will greatly increase the risk of overshadowing domestic violence,” read their brief.
Moreover, if the bill adds the “presence of domestic violence” as a factor in determining the best interests of the child, it is only one factor among many.
It must be “preponderant”, insists Me Gagnon. Otherwise, it will remain at the discretion of the judge.
Often, the magistrates who assess who should obtain custody of the child conclude that the father can have it, even if he was violent with his ex-wife, because he has never touched the children. However, recalls Me Gagnon, an abusive spouse often uses children to exercise control over his ex-spouse, and children exposed to domestic violence are direct and indirect victims.
Violence is also an important, even crucial indicator of parental capacity, she adds.
The Juripop organization is also campaigning for increased training of judges in matters of domestic violence. They already have one, specifies Me Fortin, but “there is a big difference between ‘being sensitive to’ and ‘understanding’. “
Failing to obtain an invitation to present their brief to the Parliamentary Commission, the lawyers were able to meet Thursday morning with the political advisor to the Minister of Justice in order to make all these representations in the hope that the bill will be amended.