However, in the area of the family court, particularly child custody laws, change has been lacking and complicated. I should emphasize that my firm belief is that the very large majority of judges in Canada have no intention to discriminate upon grounds of gender. But when men are subject to equally objectionable stereotyping, then this passes as science or common sense. Note that in my discussion of definition of “gender bias” I do not allude to the passing by Parliament or provincial legislatures of the actual laws themselves. © 2020 by Gene C. Colman Family Law Centre. People fail to consider the actual facts before them. Findings show that when given this opportunity and encouragement, fathers are just as sensitive and responsive to infants as mothers are. (4th) 325, 112 O.A.C. ): Moge (1992), 43 R.F.L. It is curious indeed that gender bias is being wrestled to the ground in those areas where women have historically been faced with the most invidious and objectionable discrimination. Justice Minister Anne McLellan was reported [National Post, 26 February 1999] to have praised the court for ” eradicating stereotypes … that may give women pause in how they think they will be understood by the courts of this country.” On the other hand, eminent criminal law lawyer, Edward Greenspan defended the independence of the judiciary [National Post, 2 March 1999] and he defended Justice McClung from the highly personal attack launched by Justice L’Heureux-Dubé. Dad has to prove to the court that he is one of those exceptional fathers who is ever so keenly attuned to all of the kids’ needs. Hi there, Firstly I would like to say this presents some interesting questions and solutions to family court proceedings that many go through and I am pleased that you are open to debate on this. Myths and stereotypes about men and women are engrained in our society. Our lawyers explain that just because women are considered culturally better at parenting than men does not give the court a legal right to award more child custody rights to the mother unless there are facts proving that the child’s best interests would be met if he or she remains to live with the mother. The cases tell us that the workplace must not be a source of any kind of gender discrimination; sexual harassment is a particularly invidious expression of discrimination and it will not be countenanced under any circumstances. [See: Anne P. Mitchell: The Hypocrisy of ‘Equality’ in a Family Law Context, reproduced at: http://www.backlash.com/content/gender/1995/5-may95/page15b.html. The Ontario Court of Justice does not hear divorce or property matters arising from a family breakdown. Likewise, in the area of child custody law, there are many examples of how men are similarly discriminated against on the grounds of gender. 894 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. This self defeatist outlook feeds into the stereotypes and perpetuates injustice. Groups like FACT have a key role to play in the struggle to achieve true gender equality in our courts. From the Law Society of BC, in 1992: On 27 July 1992, the Law Society received the report of the Gender Bias Committee entitled Gender Equality in the Justice System. (2d) 18, 49 D.L.R. 1. Where we differ is that I will not sanction the “reality” of pay inequity. ], “Park and Sawin found that fathers fed their babies as effectively and efficiently as did their spouses. Children do not bond to fathers as closely as they do to their mothers. Most judges want to be fair and do the right thing. Just turn to the law reports, to the reported cases. Such stereotypical assumptions find their roots in many cultures, including our own. An appeal against judgement or order of family court lies to the High Court. More than 500 judges from a state court system (68 percent men, 30 percent women, and 2 percent unidentified) participated in the study in an effort by that court system to address gender bias. (4 th) 291, 120 Sask. Depending on the judge or the assessor, perhaps there is something to be side for bringing forward some of the various studies that cast doubt on widely held stereotypes and misconceptions. Gender Bias in the Family Courts of Canada: Fact or Fantasy?Presentation to Fathers Are Capable Too ( F.A.C.T.) To protect your rights and fight gender bias in Ontario courts, contact Gene C. Colman Family Law Centre. She received a sentence of only two and one half years. 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