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Full-Text Articles in Law
Is It Time To Tell? Abolishing Donor Anonymity In Canada, Fiona Kelly
Is It Time To Tell? Abolishing Donor Anonymity In Canada, Fiona Kelly
Canadian Journal of Family Law
Over the past two decades, a growing number of donor conceived people have spoken out about the impact of donor anonymity on their health and wellbeing. A significant number of legislatures have responded to these concerns by introducing laws that prospectively (and in one case, retrospectively) abolish donor anonymity. This article considers the increasing pressure on Canadian provinces to end anonymity and introduce registers which enable donor conceived people to access their donor’s identifying information. While the article does not endorse the genetic essentialism that is often a feature of advocacy in the field, it does argue that there are …
Book Review: Autonomous Motherhood? A Socio-Legal Study Of Choice And Constraint By Susan B. Boyd, Dorothy E. Chunn, Fiona Kelly, And Wanda Wiegers, Brenda Cossman
Canadian Journal of Family Law
No abstract provided.
A Feminist Critique Of Quebec V. A.: Evaluating The Supreme Court's Divided Opinion On Section 15 And Common Law Support Obligations, Natasha Mukhtar
A Feminist Critique Of Quebec V. A.: Evaluating The Supreme Court's Divided Opinion On Section 15 And Common Law Support Obligations, Natasha Mukhtar
Canadian Journal of Family Law
A case comment on Quebec v. A. In Quebec v. A., the Supreme Court of Canada tackled a Charter challenge to the Civil Code of Quebec. The claimant, A., alleged that the legislation violated her section 15 equality rights by discriminating on the basis of marital status in excluding common law couples from spousal support and division of property upon separation. The Court delivered a lengthy, controversial, and divided decision with three lines of dissent. Ultimately, the exclusion was upheld. Quebec continued to exclude common law couples from the division of property and remained the sole province to …
Addressing Controversies About Experts In Disputes Over Children, Nicholas Bala, Rachel Birnbaum, Carly Watt
Addressing Controversies About Experts In Disputes Over Children, Nicholas Bala, Rachel Birnbaum, Carly Watt
Canadian Journal of Family Law
There is significant controversy about the use of experts in child-related disputes in family and child protection proceedings in Canada. The 2015 Lang Review of the Motherisk Laboratory at Toronto's Hospital for Sick Children concluded that experts retained by child protection agencies were introducing unreliable expert testimony about parental drug and alcohol use. The recent decision of Ontario Court of Appeal in M. v. F. suggested that evidence from a party-retained expert critiquing the opinion of a court-appointed psychologist is "rarely" helpful or admissible. This paper addresses these and related controversies about the use of experts in child-related cases. It …
Family Violence And Evolving Judicial Roles: Judges As Equality Guardians In Family Law Cases, Donna Martinson, Margaret Jackson
Family Violence And Evolving Judicial Roles: Judges As Equality Guardians In Family Law Cases, Donna Martinson, Margaret Jackson
Canadian Journal of Family Law
Access-to-justice studies initiated by Canadian lawyers and judges in the past four years have described the urgent need for family law reform. Reports from the studies discuss the need for a cultural shift—a fresh approach and a new way of thinking—in the reform process. A Roadmap for Change, the final report of the National Action Committee on Access to Justice, emphasizes the importance of providing justice, not just access: "Providing justice—not just in the form of fair and just process, but also in the form of fair and just outcomes—must be our primary concern." This article deals with the need …
Book Review: D’Un Océan À L’Autre . . . Recension De Nicole Laviolette Et Julie Audet, L’Essentiel Du Droit De La Famille Dans Les Provinces Et Territoires De Common Law Au Canada, Régine Tremblay
Canadian Journal of Family Law
No abstract provided.
Townshend V. Townshend & Buttar V. Buttar: Gifts, Exclusions, And Intentions, Jonathan Robinson
Townshend V. Townshend & Buttar V. Buttar: Gifts, Exclusions, And Intentions, Jonathan Robinson
Canadian Journal of Family Law
This comment looks at two fairly recent decisions by the Ontario Court of Appeal, Townshend v Townshend (2012 ONCA 868) and Buttar v Buttar (2013 ONCA 617) with respect to the courts' handling of the exclusion of gifts under section 4(2) of Ontario's Family Law Act (RSO 1990, c F.3). In Ontario, gifts made by third parties outside the marriage to one spouse may be excluded from the calculation of a spouse's Net Family Property (NFP). Property may cease to be excludable if it is not kept separate or if it is used to the benefit of the family. In …
Beyond Beyond Conjugality, Brenda Cossman, Bruce Ryder
Beyond Beyond Conjugality, Brenda Cossman, Bruce Ryder
Canadian Journal of Family Law
No abstract provided.
Book Review: A Parent-Partner Status For American Family Law By Merle H. Weiner, Frances E. Chapman
Book Review: A Parent-Partner Status For American Family Law By Merle H. Weiner, Frances E. Chapman
Canadian Journal of Family Law
No abstract provided.