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Full-Text Articles in Law
Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth
Interprovincial Enforcement Of Maintenance Orders: New Principles, New Approaches, Lynn Walsworth
Dalhousie Law Journal
The author points out that the existing legislative scheme for interprovincial enforcement of maintenance orders is premised on common law rules which have nowbeen rejected by the Supreme Court of Canada. Those same Supreme Court decisions have opened the door for new legislative approaches to intra-Canadian enforcement of these obligations. This paper surveys a variety of new responses based on models in other federal states and on conventions implementing international maintenance enforcement schemes. It examines the pros and cons of each and concludes that any one of them would be superior to the scheme now in force in Canada.
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
Dalhousie Law Journal
This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …