In a situation that represents the extreme exception rather than the rule, Olympic medallist in 1992 and 1994, Myriam Bédard, is wanted by Canadian police for disappearing for over two months with her 11-year-old child.In a country with a Charter of Rights and Freedoms, women nevertheless overwhelmingly retain custody of their children. As such, it is ironic that the "mother" in this case is being pursued by police.
Why is this even news? The abduction involves another jurisdiction. And, because Ms. Bédard is known. Because another jurisdiction is involved, it is now a criminal matter.
What if the abduction were in Canada? What if Ms Bédard simply began "denying access" to her ex-husband for no particular reason (and if there were no court order on access)? The Family Courts would preside. Because Canada's Family Courts make decisions that favour one gender over another, the accountabilty for Ms. Bédard would be much different. This would not be a criminal matter and she would unlikely even get a "slap on the wrist".
Why? Myriam's ex-husband would likely have to spend his own after tax dollars to do a private prosecution to overcome the abduction. If he were to involve the Criminal Courts, the matter would be referred back to the Family Court and the onus would be solely on him.
Because gender is important in Canada's Family Courts, he would be swimming against the current. His potential to generate an affordable, timely or equitable remedy would be limited and unlikely.
Why is this type of blatant injustice as a part of Canadian domestic policy not on the agenda for change? Is this not Canada's greatest social problem at the moment, especially when one considers the Charter?
If someone were to ask me, I would attribute the lack of change to "special interests" that have had funding resources to block equitable change, as well as special interests with access to decision makers.
Most would agree that such influence in our policy design and implementation processes does not make for balanced or sustainable public policy.
Could we have some attention here? Let's evaluate and fix some very bad domestic policy, at the very least for the sake of our nation's credibility, please.
2 comments:
I have to agree. My opinion may be based on nothing but anecdotal incidents but when I examine the lives of my family and friends, I would have to say that of those that went through a divorce, the female members of the group came out much better in terms of child access or custody and financial support.
This is rather ironic since all the male members of my family and my group of friends are ardent supporters of women's equal rights.
It appears to me that some women's groups have gone from fighting for equal rights, to fighting for retribution and revenge for all the suffering they went through when they didn't have equal rights.
Unfortunately these special interest groups don't seem to care that this tactic, while achieving the goals of retribution are suffered mostly by the children.
Anon 9:32. Thanks for the comment.
The bottom line is if we are going to have a Charter we need to think about applying Charter principles universally, whether it is to preserve gay marriage in Canada or remove the influence of gender in decisions involving divorce, familes, women and children.
The current system is an absolute joke. Unfortunately there are those who benefit and also those who do benefit. Powerful lobbies want to delay the change it order for those they represent to benefit just a little longer. That is wrong. The system should be equitable and the Charter needs to be the 'objective criteria' when considering the appropriateness or neccessity for change..
Canada will remain an "unjust" society as long as governments postpose the necessary change.
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