A Summary of a Workshop at NAWL’s 14th Biennial Conference Women belonging to cultural minorities sometimes seek state support regarding inequalities they experience in their communities. Such inequalities, justified in the name of “culture”, are often especially evident in the family law arena, and in particular in marriage and divorce laws. Marriage and divorce laws…
Tag: Divorce
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…
The Child Support Guidelines: A NAWL Response to the Federal Child Support Guidelines
NAWL’s Response to the Federal Child Support Guidelines provides recommendations and general comments regarding the proposed amendments to the Divorce Act. While supporting the objectives of the Child Support Guidelines, NAWL urges the government to ensure that the guidelines and their application accomplish the initial goal of increasing the amount and availability of support for…
Family Mediation in Canada: Implications for Women’s Equality
The Child Support Guidelines: A NAWL Response to Amendments to the Divorce Act and to the Working Draft of the Federal Child Support Guidelines
While supporting the Bill, NAWL points out some major areas for reform; most notably, some of the amounts are too low, and regular updating is essential. The Guidelines were put in place to reduce uncertainties and to help ensure that child support obligations are met.…
Lost Earning Capacity Under the Divorce Act: Fact or Fiction?
A response to critiques of the trilogy of Ontario decisions: Ormerod, Charbonneau and Elliot.…
Response to Custody and Access: Public Discussion Paper
NAWL’s submission reviews and discusses issues related to Custody and Access of children in this country. NAWL also raises for consideration the changing face of family formations in Canada and the impact of this diversity on Custody and Access issues.…
Bill 11 and the Proposed Access Enforcement Programme
Criticizes Manitoba’s access enforcement programme and Bill 11. No rigorous analysis or sound empirical research preceded the legislation. Furthermore, the assumptions the legislation is based upon are unfounded, namely that children invariably benefit from frequent contact with both parents following marital breakdown and that access denial is a widespread problem. Argues that the problem of…
Background Paper on Divorce Law Reform (Bill C-10)
A background paper on the 1984 proposed reforms to the Divorce Act, Bill C-10.…
Legislative Initiatives Necessary to the Implementation of a Fair Scheme for Division of Private Sector Pensions Upon the Termination of a Marriage or Separation in Canada
Examines valuation, enforcement and jurisdictional problems associated with division of private sector pensions, and recommends legislative initiatives necessary to the implementation of a fair scheme for their division. Volume I: Text of Paper Download Volume II, Part I: Case Authorities Download Volume II, Part II: Pension Standards Legislation Download Volume II, Part III: Matrimonial Property…