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Law 2101 (694)
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Family1.docx

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Department
Law
Course
Law 2101
Professor
Mysty Sybil Clapton
Semester
Winter

Description
Family Life in Canada January 9, 2013 Lecture 1 Census Families • Concept of “Census Family” (2011) o Married Couple-  With or without children o Common Law Couple  Same or opposite sex  No minimum period of cohabitation  With or without children o Single Parent (child(ren) under 18) • Married couples = 67% (big decrease) • Common Law couples = 16.7% • Lone parent = 16.3% o 8 of 10 were female lone parents Same sex couples • 0.8% of all couples • About 1/3 = married couples o 21,015 same-sex married couples Children 14 and under • 63.6% live with married parents • 16.3% live with CL parents • 19.3% live with lone parents  83% of these live with female parent • 10% live in step-parent families young adults(20-24) • 16.1% live as couples o 11.8% live as CL couples o 4.3% live as married couples o Percentage living as couples has been falling • 59.3% in parental home o Includes those returning home during university or college summer breaks Young adults (25-29) • 45.7% live as couples o 22.6% live as CL couples o 23.1% live as married couples o Percentage living as couples has fallen but percentage living in common law relationship still increasing • 26.2% in parental home Themes/ Trends 1,More Cohabitation o/s Marriage • % of Canada’s census families = LC couples o 6 in 1981 o 10 in 1991 o 14 in 2001 o 15.5 in 2006 o 16.7 in 2011 2. Quebec: ADistinct Society • 31.5% of families = CL couples • 10.9% in Ontario • Over 80% of first unions are CL • About 57% for Canada • About 60% of children born in Quebec are born to non-married mothers 3. Delayed Family Formation • First-time brides’average age o 2008 = 29.1 o 22 in 1960s • Average age of first-time grooms o 2008 =31.1 o 24 in 1960s • 20-24 year olds who live as couples o 16.1% in 2011 o 17.9% in 2006 o 28.6% in 1986 • 25-29 year olds who live as couples o 45.7% in 2011 o 48.5% in 2006 o 62.3% in 1986 4. Children Leave Home Later • 20-24 year olds in parental home o 59.3% in 2011 o 60.3% in 2006 o 49.6% in 1986 • 25-29 year olds in parental home o 26.2% in 2011 o 26% in 2006 o 15.6% in 1986 5. Family breakdown is common Divorce (use to only be able to divorce due to adultery) • 1965 – 10,000 divorces in Canada • 1987 – 96,000 divorces • 2008 – 70,215 divorces • About 40% of marriages will not reach 30 anniversary (48% in Quebec; 22% in NL) • Common Law Relationships • Common law couples are much more likely to split up than married couples th o Perhaps as many as 50% of CL relationships end before 5 anniversary o Lack of commitment, less likely to have children • 25% of children experience parental separation by age 10 • NWS, most children grow up with both parents 6. Joint Custody is More Common • 49.5% = sole custody to mother • 41.5% = joint (legal) custody – still usually spends more time with mother • 8.5% = sole custody to father • NWS, vast majority of children live primarily with mother after parental separation or divorce 7. Blended Families are Common • Almost ½ million “step-families” • 10% of children under 14 live primarily in step-parent families 8. Smaller Families • Average family size o 2006 = 3 o 1971 = 3.7 • Total fertility rate = 1.68 (2008) o Highest since 1990 o 3.9 in 1959 o 2.2 in 1971 o “replacement rate” is 2.1 9. Canada’s Population isAging • 16.2% of Canadians ≤ 14 (2012) o 19.1% in 2001 o 34% in 1961 • 14.9% of Canadians ≥ 65 (2012) o 13% in 2001 o 11.5% in 1991 10. Two Working Parents  About 70% of mothers with children 0-5 are in labour force  Only about 25% in 1970 Marriage • Qualification to be married is federal, the formal/ technical aspects (ceremony) is provincial, set out in the constitution • Common law couples have different property rights Valid marriage • No defects in formalities – proper authorized ceremony- judge,etc. need a license • OR … defect is “cured” by legislative provision • Example: s. 31 of Ontario’s Marriage Act (p. F-8) • No problems with partners’capacity to marry one another • Examples: Not too closely related by blood / of sufficient age - even if adopted, cannot marry mother, grandmother, etc. Can marry first cousin • Ends on death or divorce – third) annulment • Cannot get married if not legally divorced from another marriage Formal validity • Ceremonial formalities needed for valid marriage Essential validity • Capacity of partners to marry one another • Importance of Distinction • One is federal; other is provincial • Validity of marriages with foreign elements • Example: Canadians who reside in Ontario marry in Mexico Division of Powers o Essential validity  Federal • S. 91(26) of ConstitutionAct, 1867 o Formal Validity  Provincial • S. 91(12) of ConstitutionAct, 1867 • Determining Validity of Marriage with Foreign Element o Capacity to marry is determined by law of pre-marriage domicile of each person o Formal requirements are determined by place of marriage o Example of Marriage with Foreign Element • Two persons who are domiciled in Canada marry one another in Costa Rica o Capacity to marry one another governed by Canadian law o Formal requirements governed by law of Costa Rica o Formal validity • Ontario’s Marriage Act o Licence or “banns of marriage” o Who can officiate o Ceremony o Failure to comply with Ontario’s Marriage Act may have no legal effect because defect may be cured  H & W discover “Rev. Bob” who officiated at their wedding was excommunicated by his denomination three weeks before the
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