CRIM 135 Lecture Notes - Lecture 8: Civil Marriage Act, Joint Custody, Zoophilia
8 Feb 2018
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Topic #9 family law: constitutional responsibilities, introduction, federal jurisdiction: s. 91(26) Divorce act: provincial jurisdiction: s. 92(12) & 92(13) Marriage and divorce: marriage: the civil marriage act, defines marriage as lawful union of 2 persons to exclusion of all others, divorce (a) introduction. Only for people who are married. (b) history (i) pre-1968 (ii) 1968 reforms. Needed parliament of canada to pass a statute with your name in it (very expensive and difficult). Procedural reform: shifted from parliament to the courts. (court order; makes divorce easier) Substantive reform: laid out reasons for divorce; 1) adultery. 8) living separated for 5 years. (iii) 1985 reforms - today (1) living separate and apart for 1 year (2) adultery (3) mental or physical cruelty. Family law act: defines spouse, 3 ways to be a spouse. 2) living with another person in a marriage-like relationship for 2 years. 3) live with someone and have a child together.
