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From: "Mercier-Allain, Diane (JUS)" Diane.Mercier-Allain@gov.nb.ca
To: pcac-webmaster@telus.net
Sent: Tuesday, March 28, 2000 4:48 AM
Subject: RE: Internet Comments/Questions
Dear Mr. Wilsher:
Minister Green has asked that I forward the following
response to you.
Diane Mercier-Allain Executive Secretary to Honourable
Bradley Green
506)453-2583
___________________________
Dear Sir:
I am writing in response to your e-mail message of March
19, 2000 regarding the custody matter involving Mr. Steve Osborne. I understand
from officials in my department that there was a full hearing in this matter and
that the judge made an order which it is his duty to do, with the primary
consideration being the best interests of the children. I am not aware that any
conditions were attached to the custody order, such as a non-removal
clause.
With regard to the Special Joint Committee's recommendations in
the report "For the Sake of the Children", the
federal/provincial/territorial Ministers responsible for Justice have given the
Family Law Committee a mandate to develop legislative and service reforms to
better ensure the future well being of children in divorce and separation
situations. The Province of New Brunswick agrees fully with the principles of
the reform, which follow. This work will be completed by Spring 2002.
I understand that there will be public consultations on
reform and I urge you and your organization to become involved. Regarding Mr.
Osborne's matter, I am unable to intervene since the Minister of Justice has no
authority to overturn an order of the Court of Queen's Bench. Mr. Osborne has
been informed of his right to appeal and that he may also make a complaint to
the federal Judicial Council if he has concerns about the judge involved. I
trust that this is satisfactory and, as the reforms in family law move forward,
I would be pleased to keep you informed of our progress.
Yours truly,
Bradley Green,
Q.C. Minister of Justice and Attorney General
A Statement of Principles on Custody and Access Reform
1. Ensure that the needs and well being of children are
paramount.
2. Promote an approach that recognizes that no one mode of
post-separation parenting will be ideal for all children and that takes into
account how children and youth experience separation and divorce at different
stages of development.
3. Support measures that protect children from violence,
conflict, abuse and economic hardship.
4. Recognize that children and youth benefit from the
opportunity to develop and maintain meaningful relationships with both parents,
when it is safe and positive to do so.
5. Recognize that children and youth benefit from the
opportunity to develop and maintain meaningful relationships with grandparents
and other extended family members, when it is safe and positive to do so.
6. Recognize the positive contributions of culture and religion
in children's lives.
7. Promote non-adversarial dispute resolution mechanisms, but
retain court hearings as mechanisms of last resort.
8. Provide a legislative clarity to the legal responsibilities
of caring for children.
9. Recognize the overlapping jurisdiction of custody and access
in Canada, and make efforts to provide coordinated and complementary legislation
and services.
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