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The best interests of the child should take precedence over the convenience

Sunday, June 7, 2015 - AbusesToChildren - Glenn Cheriton

I write to you as a concerned parent about actions of the Federal Department of Justice (DOJ) which I believe are undermining a Supreme Court judgment, disadvantaging numerous children and insidiously damaging relationships between parents and children against the will of Parliament.

I specifically refer to the following page on the Government of Canada website:

justice.gc.ca/eng/rp-pr/csj-sjc/harmonization

This is a commentary on the Gordon v. Goertz Supreme Court ruling regarding custody and moveaways. The Justice Department has decided to turn that rather clear ruling on its head, by citing the losing opinion as if it were the law. L'Heureux-Dubé, writing for the minority, opined that the custodial parent has sole authority to decide the best interest of the child, and the noncustodial parent has to prove that a move would not be in the child's best interest.

By law, that interpretation lost and was rejected by the majority of the Court.

The Justice Department gives about 600 words to the minority, and about 50 words to the majority ruling. How will most ordinary citizens understand this? How will lower court judges? Lawyers? Has DOJ promoted this misleading, inaccurate, and unacceptable view to judges through judicial training?

Parents have complained to me that judges have cited the minority opinion, as the DOJ does above, in reasons for ruling against their continued parenting in moveaway cases.

The Supreme Court ruling puts the best interests of the child ahead of the moveaway parent “rights”. Social science is clear that both parents parenting produces the best outcomes for children.

DoJ spreads this disinformation and causes disadvantage and suffering for children and parents.

Even the Canadian Bar Association agrees that the best interests of the child should take precedence over the convenience, “rights” and wishes of one parent.

The DOJ also interprets that “custody” is not a controversial concept, directly contrary to the clear recommendations and position of the 1998 Joint Senate Commons committee on child custody, which recommended replacing the term. I interpret the actions of the DOJ as a direct contradiction of Parliament. Do you feel that unelected bureaucrats should be contradicting the clearly expressed will of Parliamentarians and undermining the Supreme Court and due process of law?

I ask you, if you agree, to write to the Minister of Justice and respectfully request that he order his department to rewrite this page to reflect the decision of the Supreme Court and remove the opinion of the minority, which failed.
The millions of middle class parents, who do not have the money to refight the arbitrary decisions of those who are undermining the Supreme Court, will thank you. I thank you for your attention to this important issue.


Mr. Glenn Cheriton
Ottawa, ON 


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