CRIM 135 Lecture 9: Topic #8 - Family Law.doc

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 135
• Professor: Graeme Bowbrick

Document Summary

Topic #9 family law: constitutional responsibilities, introduction. Jurisdiction is mainly provincial: federal jurisdiction: s. 91(26) No applicable federal law to common law relationships: provincial jurisdiction: s. 92(12) & 92(13) property & civil rights. Authority over property and civil rights 92(13) (private law issues, such as contract law and contract-like relationships) agreements, division of property and debts. Legislation applies regardless of how the issue arises. Guardianship issues (relating to children, child protection authority, adoption) Marriage and divorce: marriage: the civil marriage act. Union of 1 man and 1 woman to the exclusion of all others (1867-2005) (2005) civil marriage act defines marriage for civil purposes only lawful union of 2 persons to the exclusion of all others (no polygamy, bigamy: divorce (a) introduction. Divorce act grounds for divorce (must meet at least 1) (b) history (i) pre-1968. Divorce was rare & difficult to obtain (needed a bill to be passed thru parliament saying specific marriage(s) are divorced) = difficult &