Bill C-223 Passed Second Reading February 4, 2026 and Would Fundamentally Change How Canadian Courts Handle Parenting Disputes
Canada's Bill C-223, the Keeping Children Safe Act, cleared its second reading vote on February 4, 2026 and now sits before the Standing Committee on Justice and Human Rights. The private member's bill would prohibit family courts from considering parental alienation claims, mandate family violence screening by lawyers, ban court-ordered reunification therapy, and require judges to interview children directly about their preferences. Nearly 300 advocacy organizations support the legislation, though Quebec's Bloc Québécois has opposed removing parental alienation as a recognized concept.
Key Facts About Bill C-223
| Element | Details |
|---|---|
| What happened | Bill C-223 passed second reading in the House of Commons |
| When | February 4, 2026 |
| Current status | Before Standing Committee on Justice and Human Rights |
| Key changes | Bans parental alienation claims, mandates violence screening, prohibits reunification therapy orders |
| Supporters | Nearly 300 advocacy organizations across Canada |
| Opposition | Bloc Québécois opposes removing parental alienation concept |
Why This Legislation Matters for Ontario Families
Bill C-223 would eliminate one of the most contentious defenses used in Canadian parenting disputes. Under the proposed Divorce Act amendments, courts could no longer consider claims that one parent has turned a child against the other parent through manipulation or coaching. This represents a significant shift from current practice, where Ontario courts have recognized parental alienation in cases like A.M. v. C.H. (2019 ONCA 764).
The legislation responds to documented concerns that parental alienation claims have been weaponized against protective parents, particularly mothers reporting family violence. Research cited by bill supporters indicates that in 73% of cases where parental alienation was alleged, the parent making the claim had documented history of family violence. The bill's sponsors argue that removing this defense protects children from being forced into contact with abusive parents.
Ontario family courts currently operate under the 2021 Divorce Act reforms, which already require judges to consider family violence when making parenting orders. Bill C-223 would strengthen these protections by adding explicit prohibitions rather than relying on judicial discretion.
How Ontario Law Currently Handles These Issues
Ontario courts determine parenting arrangements based on the best interests of the child under section 16 of the Divorce Act. The 2021 amendments expanded the definition of family violence to include psychological abuse, coercive control, and threats. However, parental alienation remains a recognized phenomenon that courts may consider when one parent systematically interferes with the child's relationship with the other parent.
Under current Ontario practice, judges evaluate parental alienation claims alongside family violence allegations. Courts have ordered reunification therapy in cases where children have been found to reject a parent without legitimate cause. The Ontario Court of Appeal has upheld such orders, noting that maintaining relationships with both parents serves children's long-term wellbeing in most circumstances.
Bill C-223 would change this framework in four specific ways:
- Courts could not consider evidence that a child's rejection of a parent resulted from the other parent's influence
- Lawyers would be required to screen all clients for family violence before proceeding with any parenting matter
- Judges could not order reunification therapy or similar programs designed to repair parent-child relationships
- Children would have the right to speak directly with judges about their wishes, separate from parental involvement
The Family Violence Screening Mandate
The bill would require Ontario family lawyers to conduct standardized family violence screening with every client involved in parenting disputes. This screening would occur before any court documents are filed and would use validated assessment tools. Lawyers who fail to complete screening could face professional discipline.
Currently, the Law Society of Ontario recommends but does not mandate family violence screening. Statistics Canada data from 2024 indicates that approximately 37% of separated parents report experiencing some form of family violence during their relationship. Advocates argue that mandatory screening would identify at-risk families earlier and prevent courts from making orders that place children in danger.
Children Speaking Directly to Judges
Perhaps the most significant procedural change would give children the right to be interviewed directly by judges in chambers. Currently, Ontario courts typically receive children's views through Office of the Children's Lawyer reports, parenting assessments, or voice of the child reports prepared by social workers. Bill C-223 would allow children to bypass these intermediaries and speak with decision-makers directly.
The legislation does not specify a minimum age for judicial interviews. Ontario courts have historically considered the views of children as young as 8-10 years old, with greater weight given to older children's preferences. Under Bill C-223, the child's stated wishes would carry significant weight, though judges would retain discretion to make orders they believe serve the child's best interests.
What Happens Next in the Legislative Process
The Standing Committee on Justice and Human Rights will hold hearings where witnesses can testify about the bill's potential impact. Committee members may propose amendments before reporting the bill back to the House of Commons for third reading. If the bill passes third reading, it moves to the Senate for review.
Private member's bills face uncertain timelines. The current parliamentary session must conclude before the next federal election. If Bill C-223 does not receive royal assent before Parliament dissolves, the legislation dies and would need to be reintroduced in a future session. The nearly 300 organizations supporting the bill are mobilizing to ensure committee hearings proceed quickly.
Practical Takeaways for Ontario Parents
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Monitor committee hearings scheduled for spring 2026 through the House of Commons website if your case involves parental alienation claims or family violence allegations
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Document all interactions with your co-parent and children now, as this evidence may become more or less relevant depending on whether Bill C-223 passes
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Discuss with your family lawyer how pending legislation might affect your case strategy, particularly if your matter will not be resolved before potential changes take effect
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Understand that current law still applies until Bill C-223 receives royal assent, meaning courts will continue considering parental alienation evidence in ongoing cases
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If you have experienced family violence, inform your lawyer immediately as screening requirements may soon become mandatory
Frequently Asked Questions
When would Bill C-223 take effect if passed?
Bill C-223 would take effect 90 days after receiving royal assent under its current text. Given the committee review process, Senate consideration, and parliamentary calendar, the earliest realistic implementation would be late 2026. Cases already before the courts would proceed under existing law unless the legislation specifies retroactive application, which it currently does not.
Can Ontario courts still consider parental alienation right now?
Yes, Ontario courts can currently consider parental alienation as one factor in determining parenting arrangements. The 2021 Divorce Act reforms require judges to assess the impact of family violence but do not prohibit alienation findings. Until Bill C-223 passes and takes effect, Ontario case law recognizing parental alienation remains valid precedent that lawyers can cite and judges can apply.
What is reunification therapy and why would the bill ban it?
Reunification therapy involves court-ordered counseling designed to repair damaged relationships between children and rejected parents. Ontario courts have ordered such programs when children refuse contact without apparent justification. Bill C-223 would prohibit these orders based on research suggesting reunification programs can traumatize children who have legitimate reasons for rejecting a parent, particularly in cases involving undisclosed abuse.
How would mandatory violence screening work for lawyers?
Under Bill C-223, Ontario family lawyers would use standardized assessment tools with every client before filing parenting-related court documents. The screening would identify family violence risk factors and inform case strategy. Lawyers who fail to conduct screening could face Law Society discipline. Currently, the Law Society of Ontario recommends voluntary screening, but approximately 40% of family lawyers report inconsistent implementation.
Does the bill apply to cases already in court?
Bill C-223 does not contain retroactive provisions in its current form. Cases already before Ontario courts would continue under existing law. However, if the bill passes, lawyers could argue that new evidence or changed circumstances warrant applying updated legal standards. Judges retain discretion to consider legislative changes when making final orders, even if proceedings began under previous rules.
Next Steps for Ontario Families
Bill C-223 represents a significant potential shift in how Canadian courts handle parenting disputes involving alienation claims and family violence. Ontario families currently navigating these issues should stay informed about the bill's progress while working with qualified family lawyers who understand both current law and pending changes.
The Standing Committee hearings will provide opportunities for public input. Parents, advocacy organizations, and legal professionals can submit written briefs to the committee outlining their perspectives on the proposed changes.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.