Laurie Pawlitza, a partner in the family law group at Toronto firm Torkin Manes LLP, characterizes C-78 as a successful catch-up effort by the federal government.
For example, the ADR-inspired language and definitions in C-78 are borrowed from similar provisions in B.C.'s Family Law Act, while the much-vaunted replacement of terms such as "custody" and "access" by more child-focused alternatives such as "parenting orders" and "parenting time" occurred first in Alberta more than a decade ago.
"It's been a very long time since I've seen a separation agreement that used the words custody or access," Pawlitza says. "Kudos to them for largely reflecting what's already happening in the family law bar."
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