Thank you, Madam Chairperson. I do not have a general comment, but I would like to ask our legal advisor what the definition of a custom adoption is?
Debates of Sept. 21st, 1998
This is page numbers 97 - 123 of the Hansard for the 13th Assembly, 6th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was aboriginal.
Topics
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Law Clerk Ms. Macpherson
Thank you, Madam Chairperson. A custom adoption is any adoption that occurs in accordance with aboriginal custom. Under the aboriginal custom, the recognition of Aboriginal Custom Adoption Act that this legislature passed about four or five years ago, as I recall, the decision as to whether an adoption is a custom adoption is made at the local level by adoption commissioners that are appointed to consider applications for custom adoption. In every jurisdiction and region, what is considered a custom adoption may vary because aboriginal people have different definitions of what a custom adoption is in their culture and their community. I hope I am not misstating the Aboriginal Custom Adoption Act, but my understanding is that an aboriginal custom adoption is simply any adoption that occurs in accordance with the custom of a particular community or a particular group of aboriginal people and that may indeed vary from group to group. Thank you, Madam Chairperson.
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
David Krutko Mackenzie Delta
Thank you, Madam Chairperson. I would just like to ask a question of the Minister, especially in relation to a question that was raised in the House regarding an individual from Fort McPherson whose children were abducted and taken to the Czech Republic and she was unable to get her children back. I was wondering if there is anything within this bill that could assist her, especially when you talk about Department of External Affairs and other agencies of government. Is there anything there that could possibly help her in trying to find an avenue or get assistance from this government and other governments to try and find an avenue of her being able to get her children back from the former republic?
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Kelvin Ng Kitikmeot
Thank you, Madam Chairperson. Madam Chairperson, we do not know right now if it is possible. There are certain factors that have to be taken into consideration. First of all, of course, the legal adoption of the Hague Convention would have to take place and whether or not the Czech Republic in this circumstance is a signatory I am not sure of.
Also, the matter is that the events that the honourable Member speaks of has happened already before signing any of these declarations and these agreements, so that is another matter that would be taken into consideration. You also have the matter of what circumstances surround the dispute between the constituent the honourable Member speaks of and her former spouse because that, of course, is a family matter. There is some jurisdiction involved in that regard as well on the custody of the children. It is a complex issue that the member brings up but certainly the intent of this legislation to be adopted to support the Canadian government is to minimize any future episodes of children being unwillingly or forcefully taken away out of the country for illegal purposes. Thank you.
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
David Krutko Mackenzie Delta
Thank you, Madam Chairperson. Madam Chairperson, is the department looking at similar legislation so that the events that I mentioned, because apparently there was a court order in place from this government in regards to the Supreme Court of the Northwest Territories which gave her sole custody yet the individual was able to take the kids out of Canada and did not bring them back. It was the legal authority of this government through the Supreme Court, but yet our hands were tied because once they were out of Canada, there was no authority or legal avenue that she had to be able to access those children. Is the department looking at such legislation to take into account those type of events where we do make orders through the courts where the court makes a decision on who has custody, yet at the end of the day, there are people who are able to get through the hoops by sneaking them out of the country and then our legislation or our court orders do not mean anything? Is the department considering looking at legislation of that effect to put in place alongside of this legislation?
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 121
Kelvin Ng Kitikmeot
Thank you, Madam Chair. Madam Chair,
I would say that no, we are not looking at any legislation in that respect. If an individual is going to break the law and ignore existing laws, no matter what the laws are, that is going to happen anyways. If he or she plans on taking the children out of the country to evade those laws of our country, there is not a lot you can do about that, if they are not going to recognize that and the jurisdiction that they go to obviously does not recognize those same laws, then your avenues of having to deal with those types of circumstances are pretty minimal as this case has obviously proven. Thank you.
Committee Motion 3-13(6): Motion To Amend Clause 29 Of Bill 1: Family Law Reform Statutes Amendment Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
The Chair Jane Groenewegen
Thank you, Mr. Ng. General comments? Clause-by-clause is being called. We will proceed to clause-by-clause. Bill 2, Intercountry Adoption (Hague Convention) Act. Definitions, Clause 1. Mr. Miltenberger?
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Michael Miltenberger Thebacha
Thank you, Madam Chair. I would like to move that Clause 1, of Bill 2, be amended by adding the following after subclause 2:
(3) For greater certainty, this act does not apply to the adoption of a child in accordance with aboriginal customary law.
Thank you.
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
The Chair Jane Groenewegen
Thank you, Mr. Miltenberger. The motion is in order. To the motion. Is the motion just being circulated now? We will just give a moment for the Pages to circulate the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 1, as amended?
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Some Hon. Members
Agreed.
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Some Hon. Members
Agreed.
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Some Hon. Members
Agreed.
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Some Hon. Members
Agreed.
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Some Hon. Members
Agreed.
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Committee Motion 4-13(6): Motion To Amend Clause 1 Of Bill 2: Intercountry Adoption (hague Convention) Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 122
Some Hon. Members
Agreed.