CRIM 135 Lecture Notes - Civil Marriage Act, Zoophilia, Gross Income

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Published on 14 Apr 2013
School
Simon Fraser University
Department
Criminology
Course
CRIM 135
TOPIC #10 FAMILY LAW
I. CONSTITUTIONAL RESPONSIBILITIES
Federal Jurisdiction: s.91(26)
S 91 (26) of 1967, authorize fed to define marriage and divorce
Provincial Jurisdiction: s.92(12) & 92(13)
92(12) Solemnization of marriage “process of marriage”, marriage license, marriage certificate
92(13) property and civil rights all property within the province & all private law issues.
o Child support, child custody, family support, guardianship of those who are mentally incompetent/elders, child
protection matters, adoption
II. MARRIAGE AND DIVORCE
1. Marriage definition: the Civil Marriage Act
Did not exercise power allow definition from common law union of one man and one woman to the exclusion of all others
Until 2005, parliament change to “lawful union any two people to the exclusion of all others” allow same sex marriage
2. Divorce
(a) Introduction
Marriage is a distinct legal status- has to go through legal process
Thus to become unmarried, must also go through formal legal process
Requirements set out in the Divorce Act “grounds” for divorce – must meet these requirements
(b) History
(i) Pre-1968
o Divorce is relatively rare (compare to today)
o fairly difficult to obtain - eg a bill go through parliament to authorize go through all legislative process and be
approved by parliament thus expensive, require connection, not easily accessible
(ii) 1968 Reforms
o fed parliament passed first Divorce Act
o can be obtained from any superior court instead of parliament
o specify number of grounds: (must satisfy at least one)
adultery
rape (one rape another)
bigamy (married to multiple people)
physical/mental cruelty (abuse)
imprisonment
drug addiction
failure to consummate (no sex ever)
bestiality
o all are “fault based grounds” – blame the other spouse
o no fault based living separate in 5 years
2/3 fault based, 1/3 no fault
(iii) 1985 Reforms
o Became no fault divorce system
o Grounds for Divorce Today
(i) Living “Separate and Apart” for 1 Year
vast majority, 99% - because people value privacy, don‟t need to point fingers
(ii) Adultery - Rarely used - privacy
(iii) Mental or Physical Cruelty
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Document Summary

Topic #10 family law: constitutional responsibilities. S 91 (26) of 1967, authorize fed to define marriage and divorce. 92(12) solemnization of marriage process of marriage , marriage license, marriage certificate. 92(13) property and civil rights all property within the province & all private law issues: child support, child custody, family support, guardianship of those who are mentally incompetent/elders, child protection matters, adoption. Marriage and divorce: marriage definition: the civil marriage act. Did not exercise power allow definition from common law union of one man and one woman to the exclusion of all others. Until 2005, parliament change to lawful union any two people to the exclusion of all others allow same sex marriage: divorce. Thus to become unmarried, must also go through formal legal process (a) introduction. Marriage is a distinct legal status- has to go through legal process. Common law relationships: definition no such legal status just legal recognition of people who are in marriage like status.

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