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Ambiguity in Bill C-78 signals child-centred focus | John-Paul Boyd

Tuesday, August 07, 2018 @ 12:58 PM | By John-Paul Boyd

Two phrases from the recently tabled Bill C-78, the bill proposing sweeping and much-needed revisions to the Divorce Act, caught my eye the first time I read it: “substantially equal” and “vast majority.” Both terms arise in connection with the relocation provisions of the bill, and the burden of proof that shifts depending on the distribution of children’s time between their parents. The terms raise a number of interesting questions about certainty and ambiguity and what it means to live in a civil society governed by the...