Specific Communities and Family Law - Revision history

Nate Russell at 05:26, 23 July 2019

2019-07-23T05:26:00Z

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	===Aboriginal families===		===Aboriginal families===
	Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when s. 35 of the ''Constitution Act, 1982'' was enacted over 35 years ago. The ''Constitution'' recognizes and affirms aboriginal and treaty rights of the First Nations, Inuit, and Métis peoples of Canada.		Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when section 35 of the ''Constitution Act, 1982'' was enacted over 35 years ago. The ''Constitution'' recognizes and affirms aboriginal and treaty rights of the First Nations, Inuit, and Métis peoples of Canada.

	This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture, and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to both their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including:		This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture, and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to both their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including:
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	Not too long ago, this resource had an entire chapter about the particular issues affecting those in same-sex relationships. A stand-alone chapter for same-sex relationships, however, is no longer necessary.		Not too long ago, this resource had an entire chapter about the particular issues affecting those in same-sex relationships. A stand-alone chapter for same-sex relationships, however, is no longer necessary.

	For the last 30 years or so, there has been a steady erosion of legislated discrimination between opposite- and same-sex relationships. While gays and lesbians may have to deal with homophobia and intolerance in their day-to-day lives, at least the discrimination that used to exist because of legislation has been on the wane. From the [http://canlii.ca/t/5239 Little Sisters decision] on censorship to ''[http://canlii.ca/t/1frkt Egan v. Canada]'', [1995] 2 SCR 513 on spousal benefits, the courts of Canada have proven increasingly willing to extend the protection of the ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' to overturn discriminatory legislation and, after some initial resistance, the governments of Canada have followed <span class="noglossary">suit</span>.		For the last 30 years or so, there has been a steady erosion of legislated discrimination between opposite- and same-sex relationships. While gays and lesbians may have to deal with homophobia and intolerance in their day-to-day lives, at least the discrimination that used to exist because of legislation has been on the wane. From the [http://canlii.ca/t/5239 ''Little Sisters'' decision] on censorship to ''[http://canlii.ca/t/1frkt Egan v. Canada]'', [1995] 2 SCR 513 on spousal benefits, the courts of Canada have proven increasingly willing to extend the protection of the ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' to overturn discriminatory legislation and, after some initial resistance, the governments of Canada have followed <span class="noglossary">suit</span>.

	Gays and lesbians are just as entitled as straight people to pursue claims relating to:		Gays and lesbians are just as entitled as straight people to pursue claims relating to:

Corinne Shortridge: /* LGBTQ issues in family law */

2019-07-04T16:40:19Z

LGBTQ issues in family law

← Older revision		Revision as of 16:40, 4 July 2019
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	*child support,		*child support,
	*spousal support, and		*spousal support, and
	*the division of property		*the division of property.

	Sexual orientation plays no part in the division of family property, nor is it a factor in determining issues relating to children or support.		Sexual orientation plays no part in the division of family property, nor is it a factor in determining issues relating to children or support.

Corinne Shortridge: /* Aboriginal families */

2019-07-04T16:39:58Z

Aboriginal families

← Older revision		Revision as of 16:39, 4 July 2019
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	===Aboriginal families===		===Aboriginal families===
	Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when s. 35 of the ''Constitution Act, 1982'' was enacted over 35 years ago. The ''Constitution'' recognizes and affirms aboriginal and treaty rights of First Nations, Inuit and Métis peoples of Canada.		Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when s. 35 of the ''Constitution Act, 1982'' was enacted over 35 years ago. The ''Constitution'' recognizes and affirms aboriginal and treaty rights of the First Nations, Inuit, and Métis peoples of Canada.

	This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including:		This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture, and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to both their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including:
	*the care of children,		*the care of children,
	*child support		*child support,
	*spousal support, and		*spousal support, and
	*family property and family debt.		*family property and family debt.

Nate Russell at 21:04, 20 June 2019

2019-06-20T21:04:32Z

← Older revision		Revision as of 21:04, 20 June 2019
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	This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same Sex Relationships and Issues Affecting Transgender and Transsexual People#Issues affecting transgender and transsexual people\|Issues affecting transgender and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.		This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same Sex Relationships and Issues Affecting Transgender and Transsexual People#Issues affecting transgender and transsexual people\|Issues affecting transgender and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.

	{{REVIEWED \| reviewer = [[~~Nate Russell~~]], ~~August 20~~, ~~2017~~}}		{{REVIEWED \| reviewer = [[Taruna Agrawal]], June 10, 2019}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Nate Russell: /* Aboriginal families */

2019-06-20T21:03:29Z

Aboriginal families

← Older revision		Revision as of 21:03, 20 June 2019
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	===Aboriginal families===		===Aboriginal families===
	Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when s. 35 of the ''Constitution Act, 1982'' was enacted over 30 years ago. The ''Constitution'' recognizes and affirms aboriginal and treaty rights of First Nations, Inuit and Métis peoples of Canada.		Aboriginal people exist in a unique legal environment arising from the fact that they are the first peoples of what is now known as Canada. Aboriginal people's longstanding occupancy and use of these lands give rise to ''Aboriginal rights'' which became constitutionally protected when s. 35 of the ''Constitution Act, 1982'' was enacted over 35 years ago. The ''Constitution'' recognizes and affirms aboriginal and treaty rights of First Nations, Inuit and Métis peoples of Canada.

	This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including:		This chapter focuses on issues in family law that affect BC's Aboriginal families. While all of the usual factors apply to Aboriginal families, courts must also pay attention to Aboriginal ancestry, culture and traditions when they make decisions, including determining the best interests of Aboriginal children. This is because Aboriginal children have the right to keep a connection to their culture and heritage, which are the strong foundations of many Aboriginal families. This section briefly reviews particular issues unique to Aboriginal families, including:
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	*family property and family debt.		*family property and family debt.

	The section on [[Aboriginal Families]] also briefly addresses issues caused by the ''[http://canlii.ca/t/7vhk Indian Act]'', a law which has allowed the government to control most aspects of Aboriginal life since its inception in 1876.		The section on [[Aboriginal Families]] also briefly addresses issues caused by the ''[http://canlii.ca/t/7vhk Indian Act]'', a law which has allowed the government to control most aspects of Aboriginal life since its inception in 1876.

	===Newcomers to Canada and their families===		===Newcomers to Canada and their families===

Nate Russell: /* Newcomers to Canada and their families */

2019-06-20T21:02:07Z

Newcomers to Canada and their families

← Older revision		Revision as of 21:02, 20 June 2019
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	===Newcomers to Canada and their families===		===Newcomers to Canada and their families===
	Many Canadian families are the product of Canadian citizens or permanent residents who partner with people from other countries. ''Sponsorship'' by a Canadian citizen or permanent resident of a foreign spouse ~~this~~ creates legal issues that are unique to families with members who are immigrants or refugees.		Many Canadian families are the product of Canadian citizens or permanent residents who partner with people from other countries. ''Sponsorship'' by a Canadian citizen or permanent resident of a foreign spouse creates legal issues that are unique to families with members who are immigrants or refugees.

	~~In 2017, the Canadian government introduced some important changes to the rules surrounding sponsored spouses~~. The ~~updates~~ in ~~this chapter address those changes~~ and ~~provides information on~~:		This chapter talks about how family and immigration law overlap in British Columbia. The chapter discusses the differences in vocabulary in the ''[[Family Law Act]]'' and the federal ''[http://canlii.ca/t/7vwq Immigration and Refugee Protection Act]'', a sponsor's obligations towards their spouse, and options for immigrant spouses who want to leave an abusive relationship.

	* support obligations ~~of sponsors~~, and
	* agencies that help immigrants and refugees.

	===LGBTQ issues in family law===		===LGBTQ issues in family law===

Desy Wahyuni: /* LGBTQ issues in family law */

2017-09-20T22:53:06Z

LGBTQ issues in family law

← Older revision		Revision as of 22:53, 20 September 2017
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	Sexual orientation plays no part in the division of family property, nor is it a factor in determining issues relating to children or support.		Sexual orientation plays no part in the division of family property, nor is it a factor in determining issues relating to children or support.

	This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same-Sex Relationships and Issues Affecting Transgender and Transsexual People#Issues affecting transgender and transsexual people\|Issues affecting transgender and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.		This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same Sex Relationships and Issues Affecting Transgender and Transsexual People#Issues affecting transgender and transsexual people\|Issues affecting transgender and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.

	{{REVIEWED \| reviewer = [[Nate Russell]], August 20, 2017}}		{{REVIEWED \| reviewer = [[Nate Russell]], August 20, 2017}}

Desy Wahyuni: /* LGBTQ issues in family law */

2017-09-20T22:51:28Z

LGBTQ issues in family law

← Older revision		Revision as of 22:51, 20 September 2017
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	Sexual orientation plays no part in the division of family property, nor is it a factor in determining issues relating to children or support.		Sexual orientation plays no part in the division of family property, nor is it a factor in determining issues relating to children or support.

	This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same-Sex Relationships and Issues Affecting ~~Transgendered~~ and Transsexual People#Issues affecting ~~transgendered~~ and transsexual people\|Issues affecting ~~transgendered~~ and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.		This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same-Sex Relationships and Issues Affecting Transgender and Transsexual People#Issues affecting transgender and transsexual people\|Issues affecting transgender and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.

	{{REVIEWED \| reviewer = [[Nate Russell]], August 20, 2017}}		{{REVIEWED \| reviewer = [[Nate Russell]], August 20, 2017}}

Desy Wahyuni: /* LGBQT issues in family law */

2017-09-20T22:44:24Z

LGBQT issues in family law

← Older revision		Revision as of 22:44, 20 September 2017
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	* agencies that help immigrants and refugees.		* agencies that help immigrants and refugees.

	===~~LGBQT~~ issues in family law===		===LGBTQ issues in family law===
	Not too long ago, this resource had an entire chapter about the particular issues affecting those in same-sex relationships. A stand-alone chapter for same-sex relationships, however, is no longer necessary.		Not too long ago, this resource had an entire chapter about the particular issues affecting those in same-sex relationships. A stand-alone chapter for same-sex relationships, however, is no longer necessary.

Desy Wahyuni at 21:52, 20 September 2017

2017-09-20T21:52:22Z

← Older revision		Revision as of 21:52, 20 September 2017
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	\|ChapterEditors = [[Rhaea Bailey]], [[Taruna Agrawal]], and [[Todd Bell]]		\|ChapterEditors = [[Rhaea Bailey]], [[Taruna Agrawal]], and [[Todd Bell]]
	}}		}}
	~~==Further topics for specific communities==~~
	While family law has evolved to treat many minority groups, such as same-sex couples, in the same way as it treats the majority, this is not always true. People are sometimes subject to different laws in certain circumstances.		While family law has evolved to treat many minority groups, such as same-sex couples, in the same way as it treats the majority, this is not always true. People are sometimes subject to different laws in certain circumstances.

← Older revision		Revision as of 21:04, 20 June 2019
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	This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same Sex Relationships and Issues Affecting Transgender and Transsexual People#Issues affecting transgender and transsexual people\|Issues affecting transgender and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.		This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same Sex Relationships and Issues Affecting Transgender and Transsexual People#Issues affecting transgender and transsexual people\|Issues affecting transgender and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.

	{{REVIEWED \| reviewer = [[~~Nate Russell~~]], ~~August 20~~, ~~2017~~}}		{{REVIEWED \| reviewer = [[Taruna Agrawal]], June 10, 2019}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}