Fate of private member’s bill to amend Divorce Act still not clear

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Justice Minister Sean Fraser said the government wants to see the committee make some amendments.

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“We want to ensure that we protect the discretion of the court to consider all evidence that’s in the best interest of the child, but I’m optimistic that we can work with the sponsor to ensure we deliver important protections, but at the same time protect against the concerns that we had around judicial discretion,” Fraser said.

Hepfner told reporters there are elements of the bill that are more controversial than others, but declined to say which elements could be removed.

“If we can pass a version of the bill that everyone agrees, including the (Canadian) Bar Association … would make the family court system safer for kids, then I think we should go ahead,” she said.

Hepfner has said she proposed the legislation after hearing horrifying stories from Suzanne Zaccour, director of legal affairs at the National Association of Women and the Law.

Zaccour said in an interview Wednesday it’s important to know what amendments Fraser has in mind.

“There’s some things that I think everyone should be able to agree on, and I hope that the minister will be prepared to support,” she said.

She said there should be nothing controversial about changing the law to ensure that, in cases where there is “a finding of family violence, that the parent who was abusive should not be able to blame the other parent for their strained relationship with the child.”

A report from the National Association of Women and the Law released in September that looked into the deaths of eight children said the concept of parental alienation is frequently invoked in Canada’s courts.

The report said it’s used by parties in child custody cases to explain why a child resists seeing a parent, and to cast doubt on allegations of domestic violence.

Hepfner said in an interview she can’t say with certainty what the bill will look like at the end of the process.

“But I’m working my hardest to try and just get some substantial changes moving now, and then some certainty or some assurances that the government will continue to look at this issue and address some of the problems that have been raised with my bill,” she said.

This report by The Canadian Press was first published Oct. 28, 2026.

Anja Karadeglija, The Canadian Press