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Recognition Of Provincial Divorces In Canada, Jean-Gabriel Castel

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At present, the federal Parliament has exclusive jurisdiction over divorce under section 91:26 of the British North America Act, 1867.However, the desirability of integrating divorce law with the aspects of family and property law already within provincial jurisdiction has prompted the suggestion in recent years that the divorce jurisdiction be transferred to the provincial legislatures. The implementation of this suggestion would require modification of sections 91 and 92 of the British North America Act, 1867 and repeal of the 1968 Divorce Act. Each province would then be free to adopt divorce legislation which would reflect the social and ethical values …