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Open Access. Powered by Scholars. Published by Universities.®

2015

The Peter A. Allard School of Law

Law and Society

Articles 1 - 4 of 4

Full-Text Articles in Law

Book Review: Petra Nordqvist And Carol Smart, Relative Strangers: Family Life, Genes And Donor Conception, Machteld Vonk Jan 2015

Book Review: Petra Nordqvist And Carol Smart, Relative Strangers: Family Life, Genes And Donor Conception, Machteld Vonk

Canadian Journal of Family Law

No abstract provided.


Relational Theory And Choice Rhetoric In The Supreme Court Of Canada, Lucy-Ann Buckley Jan 2015

Relational Theory And Choice Rhetoric In The Supreme Court Of Canada, Lucy-Ann Buckley

Canadian Journal of Family Law

The issue of personal choice has become central to Canadian family law. Much of the debate derives from the competing models of autonomy posited by neoliberal and feminist theorists. Neoliberalism, which currently dominates Canadian public discourse, views individuals as atomistic agents who can and should make "responsible" choices. However, feminists have highlighted the effects of structural barriers and social context on personal decision-making, particularly for women, and have advanced alternative relational autonomy models. These models are particularly appropriate to family law, but their application to family financial ordering has not been widely considered. This article discusses the practical significance of …


"Race Is Not A Determinative Factor": Mixed Race Children And Custody Cases In Canada, Susan B. Boyd, Krisha Dhaliwal Jan 2015

"Race Is Not A Determinative Factor": Mixed Race Children And Custody Cases In Canada, Susan B. Boyd, Krisha Dhaliwal

Canadian Journal of Family Law

Statistics suggest that an increase will occur in the number of custody disputes involving mixed race children in Canada. This article considers the extent to which the fact that a child is mixed race factors into child custody determinations, and how courts consider it. It also discusses whether considering a child's mixed race heritage is helpful in the child-custody context. The article first explains the use of "race" and "culture" in the Canadian context, then reviews the literature on mixed race children and the law, before examining legislation on the "best interests of the child." The focus of the paper …


Who Is Family: Cohabitation, Marriage, And The Redefinition Of Family, Andrew Morrison Jan 2015

Who Is Family: Cohabitation, Marriage, And The Redefinition Of Family, Andrew Morrison

Canadian Journal of Family Law

The emergence of cohabitation as an alternative to the traditional form of the family has left the need for legislative reform. Currently, cohabitants must resort to equitable claims as they do not have access to the property sharing regime designated for married spouses. The definition of "family" requires reformulation to include cohabitation. This reformulation must then be reflected in Ontario's Family Law Act through the adoption of an opt-out regime. This reform appropriately balances the values of autonomy and equality and creates certainty, predictability, and consistency in the law of Ontario. This paper addresses the possibility of reform through the …