The best interest of the child "is not vital or fundamental to our social notion of justice.''

The following is an excerpt from the Canadian Senate Committee hearings noted. The excerpt is particularly telling as it relates to why the Supreme Court acts as it does with respect to child custody issues. The fact that the comment was made by the Chief Justice of the Supreme Court of Canada is apalling.
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THE STANDING SENATE COMMITTEE ON HUMAN RIGHTS
First Session, Thirty-eighth Parliament, 2004-05 Hearings:
OTTAWA, Monday, February 7, 2005, Issue No. 4,
Second Meeting on: Examine and report upon Canada’s obligations in regards to the rights and freedoms of children.

.... start excerpt

An illustration of the lack of appreciation of the importance of Canada's commitment to children's rights was seen in the comments made by Chief Justice McLachlin during the Supreme Court deliberations on the constitutionality of section 43 of the Criminal Code. She not only disregarded the consistent recommendations of the UN Committee on the Rights of the Child, but also went on to say that the best interest of the child "is not vital or fundamental to our social notion of justice.''

....end excerpt

The entire article can be found here: http://www.canadiancrc.com/Senate_hearings_child_rights_38th/Senate_hr_evidence_07FEB05_E.htm#McLachlin