New SCC decision on economic rights in the family

On January 25th, 2013, the Supreme Court of Canada ruled that not extending spousal support and the division of property upon relationship breakdown to common-law couples, or de facto spouses, is constitutional. The case of Quebec (Attorney General)v. A, otherwise known as “Eric” v. “Lola”, involves a heterosexual couple in Quebec who lived together for…

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Supreme Court Decision Gives Some Mothers Reason to Celebrate

Twenty years after the Charter’s equality guarantee came into effect, the Supreme Court of Canada breathed some life into the concept of substantive equality as it pertains to bearing and caring for children. We might even look at this decision as coming full circle, back to 1989 when the Court first pronounced in Brooks v.…

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The Québec Appeal Court decision on the Constitutionality of Maternity and Parental Benefits as Employment Insurance Benefits

Aside from federal/provincial division of powers arguments, the Québec Appeal Court decision raised some important questions about maternity and parental benefits. The Court saw motherhood as an individual choice and therefore an individual responsibility. At NAWL, we think that society as a whole benefits from the work mothers (and increasingly, fathers) do raising children. The…

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Commentary on Canada (Attorney General) v. Lesiuk

Cet article est disponible uniquement en anglais. Before becoming known by a section 15 Charter case bearing her name, Kelly Lesiuk was a registered nurse, and worked part-time in Brandon, Manitoba. She and her husband had a small child, and she was the primary caregiver. In 1997, her husband obtained employment in Winnipeg. Although they…

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Spousal Support and Pension Income in the Case of Boston v. Boston

Cet article est disponible uniquement en anglais. Based on a LEAF press release (July 12, 2001, online at http://www.leaf.ca) This past July, the Supreme Court of Canada released its decision in the Ontario case of Boston v. Boston ([2001] SCJ No. 45, QL). The ruling addresses the issue of whether a pension income can be…

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