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Difference between revisions of "The Law for Family Matters"
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===The common law and legislation=== | ===The common law and legislation=== | ||
This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family law matters doesn't deal with ancient common law principles; it deals with how the courts have interpreted the legislation bearing on family law in the past. For example, [http://canlii.ca/t/7vbw#sec15.2subsec4 | This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family law matters doesn't deal with ancient common law principles; it deals with how the courts have interpreted the legislation bearing on family law in the past. For example, [http://canlii.ca/t/7vbw#sec15.2subsec4 section 15.2(4)] of the ''[[Divorce Act]]'' says that in considering a claim for spousal support, the court must: | ||
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===The division of powers=== | ===The division of powers=== | ||
The governments' different areas of legislative authority are set out in [http://laws-lois.justice.gc.ca/eng/Const/page-4.html#h-18 | The governments' different areas of legislative authority are set out in [http://laws-lois.justice.gc.ca/eng/Const/page-4.html#h-18 sections 91] and [http://laws-lois.justice.gc.ca/eng/Const/page-4.html#h-19 92] of the ''[http://laws-lois.justice.gc.ca/eng/Const/page-1.html Constitution Act, 1867]''. The federal government can only make laws about the subjects set out in section 91, and the provincial governments can only make laws about the subjects set out in section 92. | ||
From a family law perspective, this means that only the federal government has the authority to make laws about marriage and divorce, while the provincial governments have the exclusive authority to make laws about marriage ceremonies, the division of property, and civil rights. As a result, the federal ''[[Divorce Act]]'' talks about divorce and issues that are related to divorce, like the care of children, child support, and spousal support. The provincial ''[[Family Law Act]]'' talks about the care of children, child support, and spousal support as well, but also talks about the division of family property and family debt, the management of children's property, and determining the parentage of children. | From a family law perspective, this means that only the federal government has the authority to make laws about marriage and divorce, while the provincial governments have the exclusive authority to make laws about marriage ceremonies, the division of property, and civil rights. As a result, the federal ''[[Divorce Act]]'' talks about divorce and issues that are related to divorce, like the care of children, child support, and spousal support. The provincial ''[[Family Law Act]]'' talks about the care of children, child support, and spousal support as well, but also talks about the division of family property and family debt, the management of children's property, and determining the parentage of children. | ||