The part that I want to highlight is the word “guidelines”. This is not good enough to keep our children safely in Canada. It needs to be more definitive and black and white. Once a child is outside of Canadian borders they are beyond the protection of Canadian law and international abduction becomes very easy. Think how hard it is for our courts to go after deadbeat spouses within Canada. Add a border and it becomes very difficult, add a border like Iran who doesn’t respect or even acknowledge our laws and there isn’t much Canadian parents can do short of breaking the law. I am now advising my children to not get involved with anyone connected to another country because I do not want to be dealing with another potential child abduction in my lifetime because it destroys lives and families. Children are not meant to be used as pawns in a marriage to either get back at the other spouse; children have their own rights and lives and those should be respected by our courts and “guidelines” doesn’t do that. Click here to read the full post or an excerpt below.
The intent of these guidelines is to assist in the uniform application of sections 282 and 283 of the Criminal Code. They are directed to police and Crown Attorneys to advise when and how charges may be laid.
These guidelines are advisory only. The ultimate decision as to whether or not to lay charges in a particular case rests with the appropriate authorities having regard to the particular circumstances of that case.
In endeavouring to interpret these sections, the underlying purpose of the legislation as stated by Dr. MacGuigan, then Federal Minister of Justice, should be borne in mind:
… the new law puts the child first and recognizes that the children have rights; the right to security, stability and continuity in their lives.