Ch. 8, Family Law Flashcards
What is the most significant trends in the Canadian family?
Most significant changes is that people are choosing to live single lifestyles: 4.4 million in Canada
-Lower divorce rates and lower rates of marriage
-Lower birth rates
Define the Divorce Act of 1985 and its impact for women.
-The Divorce Act 1985 strengthens the position of women in the event of marriage breakdown
-Endorse both same-sex marriage and adoption, irrespective of the sexual orientation of the parent
-created the no fault scheme, Charter equality section came into effect at 1985, spousal support is based on general principle of economic self-sufficiency within a reasonable time
-Allowed women to be supported despite their inability to be economically independent
Section 15.2(6) sets out the objectives of an order for spousal support: the order should recognize economic advantages or disadvantages; apportion economic consequences; relieve economic hardship; and promote self-sufficiency. These objectives have been the subject of much judicial consideration since the 1985 Act was passed.
Define Bill C-38 and its purposes.
-Bill C-38, federal bill, provided for same sex civil unions
-Bill C-38 aligned with s.15 of the Charter: equality purposes
-Spouses: cohabitation under the same roof
^^-However, churches may continue to bar men and women from same-sex religious marriage ceremonies
-Spouse before C-38 had only applied to opposite sex couples; Ontario was the first to abolish this
Why is divorce legislation a federal issue?
set out by the British North America Act 1867 (section 92 powers)
-Province deals with custody, spousal and child support, and property division
-1985 Divorce Act is still in place today
Why was divorce historically in the hands of parliament?
The only way for an individual to get divorced in the provinces where there was no divorce law—as well as in cases where the domicile of the parties was unclear—was to apply to the federal Parliament for a private bill of divorce. These bills were primarily handled by the Senate of Canada where a special committee would undertake an investigation of a request for a divorce. If the committee found that the request had merit, the marriage would be dissolved by an Act of Parliament.
