The importance of breastfeeding for children who are seen by child and family services agencies.

On Monday May 30, I moved a Report Stage Amendment to Bill 17, The Family Law Act, to add the importance of considering the need for mothers to be able to breastfeed their infants. Sadly the government did not support the amendment.

Mr. Gerrard: Madam Speaker, I move, seconded by the MLA for Tyndall Park,

THAT Bill 17 be amended in Clause 35(3) of Schedule A (The Family Law Act) by adding the following after clause (a):

(a.1) the nutritional requirements of the child, including breastfeeding;

Madam Speaker: It has been moved by the honourable member for River Heights (Mr. Gerrard), seconded by the honourable member for Tyndall Park (Ms. Lamoureux),

THAT Bill 17 be amended in Clause 35(3) of Schedule A (The Family Law Act)–

Madam Speaker: The amendment is in order

Mr. Gerrard: Madam Speaker, this amendment recognizes something which is particularly important in the early life of a child, and that is breastfeeding.

And I bring it forward after having had experience in a number of instances where children have been taken away from breastfeeding mothers [by child and family services agencies], and they have been taken away without giving the mother–the opportunity to continue breastfeeding.

And we know from many, many studies over many years, that breastfeeding–the nutrition in breastfeeding and, indeed, the attachment to the mother in breastfeeding - are extraordinarily important in the early life of a child. And it is because that, in the current law, and which is being changed [by Bill 17), but many aspects have continued. It has not been adequately recognized, time and time again in my experience, the importance of breastfeeding. And, therefore, it is really, really important that we add this clause to recognize how–the contribution of breastfeeding and how important it is and what a role it can play.

Now, we've been dealing with COVID and, as an example, the breastmilk may transfer antibodies to the COVID virus and be protective of the infant early on, and that can be critically important, particularly if an infant has got other difficulties or disabilities, but it would be important for every child. And it's been quite clear over many years that breastfeeding will decrease the likelihood of problems with diarrhea, of infections. And these antibodies related to COVID are not something that would be found in a bottle.

And we know from what's happening in the United States right now that there is a shortage of formula. And this–in emphasizing breastfeeding–that this would provide protection should there be, in Canada, the same shortage of formula that is now being experienced in the United States.

We know that the act of breastfeeding can be very important in terms of the–not only the nurture, but also the attachment. I will give a specific example of a mother whose child was taken away from her on about day 2 or 3–is my recollection. She had started in hospital in Brandon, breastfeeding. She had been breastfeeding, there was an attachment developed, and the child was getting the nurture from the breastfeeding. But the agency involved decided that the mother was a risk, and they apprehended the child, and they curtailed the breastfeeding. There was no way that she could continue breastfeeding.

Six weeks later, this situation came before a court of law in Brandon and the decision to take away the child was reversed, and the child was given back to the mother, but the child had not been able to breastfeed [and it was too late to restart the breastfeeding].

This [amendment] would make a correction to this, and I urge the Minister of Justice to allow this to pass.

Thank you.

Hon. Kelvin Goertzen (Minister of Justice and Attorney General): I do appreciate the member bringing forward this and the previous amendment.

This particular bill's undergone significant consultation with those practitioners in the field and with others, but I will take back his suggestions as potential fodder for future amendments.

Madam Speaker: Is it the pleasure of the House to adopt the amendment?

Some Honourable Members: Yes.

Some Honourable Members: No.

Voice Vote

Madam Speaker: All those in favour of the amendment, please say yea.

Some Honourable Members: Yea.

Madam Speaker: All those opposed, please say nay.

Some Honourable Members: Nay.

Madam Speaker: In my opinion, the Nays have it.

I declare the motion lost.

Mr. Gerrard: On division, Madam Speaker.

Madam Speaker: The amendment is defeated, on division.