Mr. Speaker, I am speaking this evening about Bill C‑223, an act to amend the Divorce Act. It is a delicate subject that requires great sensitivity. There are human tragedies behind this bill, as well as a lot of distress. I am very aware that this bill is a response to the study on the criminalization of coercive control that I proposed to the Standing Committee on the Status of Women.
I will present the background and objectives of the bill. I know that this bill was important to the Liberal member for Hamilton Mountain, with whom I worked at the Standing Committee on the Status of Women. It aims to amend the Divorce Act to better protect children and victims of family violence. Its key measures are the requirement for lawyers to assess the risk of violence before acting on a spouse's behalf; the possibility for the court to directly consult with children to find out their views; the prohibition on the court to take into account allegations of parental alienation, unless it occurs in the context of family violence; and a desire to avoid certain myths or stereotypes about violence ending after a separation.
I will elaborate further on the bill and speak to what is happening in Quebec. I will then present some statistics.
First, the intention is commendable, but it is a problematic legislative vehicle. The Bloc Québécois shares the goal of better protecting children and preventing domestic violence, of course. However, the bill goes too far in certain respects, particularly in seeking to dismiss the concept of parental alienation.
This approach risks weakening the tools available to courts to protect children in cases of parental manipulation. Parental alienation is a recognized concept. Despite what was said by some members of the Standing Committee on the Status of Women during the study on the criminalization of coercive control, parental alienation is not an ideological invention, but a psychological phenomenon observed and documented by research and practice.
According to a definition recognized by the Parental Alienation Study Group, parental alienation occurs when a child forms a strong alliance with one parent and rejects the other without valid reason. Experts such as Dr. Hubert Van Gijseghem and Jérôme Harrisson acknowledge the complexity of the diagnosis, but confirm its clinical reality. Alienating behaviours are not gender-specific. Both men and women can engage in them. Removing this notion amounts to denying the experiences of many parents and children in Quebec. In practice, courts already require solid evidence and professional assessments before recognizing a case of alienation. There is therefore no systemic abuse. I also know that my colleague from Beauharnois—Salaberry—Soulanges—Huntingdon will be able to talk about this a little later.
I would now like to discuss the risks of Bill C‑223. By removing all references to parental alienation, the bill prevents courts from examining a well-documented psychological reality, weakens the balance between parental rights and risks further judicializing family conflicts. This could leave some children without protection against manipulative behaviour. The 2021 legislation already provides a very comprehensive framework for family violence. Bill C‑223 therefore risks being redundant and unbalanced. Imposing a legal obligation to assess violence in every divorce case could also unnecessarily burden the courts.
Second, there truly is a Quebec perspective. Family law in Quebec is comprehensive and autonomous. Furthermore, family law falls under Quebec jurisdiction, except for divorce, which has been a federal jurisdiction since 1867. This distinction is anachronistic and unnecessarily complex. Quebec already has a strong civil law tradition, a modern and humane approach to family law as well as the unified family tribunal, which is new this year.
What is the unified family tribunal? The justice minister, Simon Jolin-Barrette, created the unified family tribunal. Since October 10, 2025, civil union applications have been heard by the unified family tribunal, which is part of the Court of Quebec. The tribunal can hear and rule on various cases, which illustrates the Quebec government's expertise in and attention to this type of civil litigation. These courts can therefore already rule on all aspects of a separation, such as custody, alimony and parental authority—just not divorce.
The Bloc is calling for Quebec to have control over marriage and divorce so that there is a consistent system that is adapted to our reality. In addition, it would not be a two-tiered system.
We recognize that there are challenges. As I said earlier, we in the Bloc Québécois would have liked a study to be done on the issue of parental alienation. Instead, it was included in a different study, and even my colleague recognized earlier that we could have heard from experts on the subject. A study on the subject could have enhanced our discussions. We support the bill being sent to committee for further study. We are not throwing out the baby with the bathwater. We want to have experts, psychologists, legal experts and social workers come and testify. We want to propose amendments that genuinely protect children during acrimonious divorces and that guarantee their well-being without weakening family law.
However, we firmly reject the idea that parental alienation is an invention used by violent men. We are convinced that it is more complicated than that. We also reject the idea that the justice system is incapable of doing the right thing. Instead, the Bloc Québécois reaffirms its trust in Quebec courts and family professionals. We reiterate our commitment to defending genuine equality before the law, whatever people's gender. We also want to oppose any attempt to politicize psychology as it applies to legal proceedings. We want to do this work seriously in committee with other experts.
Third, I would like to present some useful statistics to inform the discussion about children exposed to their parents' separation or divorce. According to Statistics Canada, 18% of children aged 1 to 17 in Canada, or 1,185,700 children, have experienced their parents' separation or divorce. In Quebec, it was 23%. This illustrates the scale of the phenomenon and justifies the importance of a strong legislative framework to protect children.
I will now present statistics on domestic violence, children, and family justice. According to police data from the Government of Canada, in 2019, 22,299 children and youth were victims of family violence. Of those children, 60% were girls. According to Statistics Canada, in 2015, 16% of victims of violent crimes were children and adolescents, and 30% of those crimes were committed by a family member.
According to the Department of Justice, a review of court files revealed that domestic violence was mentioned in 8% of divorce cases. These data support the idea that domestic violence is prevalent in divorce and separation contexts and that assessing and taking this violence into account is justified.
I am now going to share a few statistics on parental alienation and alienating behaviours. According to the Canadian child welfare research portal, one Quebec study involving 30 shelters found that 45% of accusations or threatened accusations of parental alienation over the one-year study period comprised almost all of the accusations made in the past five years, and that 86.7% of service providers said that this phenomenon was impacting their practice.
An online estimate showed that 11% to 15% of divorces in Canada involve significant parental alienation. According to the Canadian Equal Parenting Council, one study reported that the long-term effects of alienating behaviours include anxiety disorders, depression, personality disorders and post-traumatic stress disorder in adults. This shows that parental alienation is real, that it has serious consequences and that it cannot legitimately be excluded from all legislative debate.
Regarding child custody after separation, according to the Department of Justice, court data revealed that in 62.2% of cases, the child resided primarily with the mother. In 9.4% of cases, the child resided with the father. In 21.3% of cases, the child was in shared custody 40% of the time or more. This helps illustrate the real environment of children after separation and supports the need for the court to have reliable tools, including for detecting alienation and deciding what is in the best interests of the child.
In conclusion, Bill C‑223 makes significant advances in terms of family safety. However, the fight against domestic violence must not be used as a pretext to gloss over legitimate psychological realities. The Bloc Québécois will act in a rigorous, open and cautious manner to protect children and prevent abuses. We firmly believe in this approach.
In closing, I would like to reiterate that, in Quebec, family law must belong to Quebeckers.
