Volume 1, Number 2, 1978
Articles
- Family Law and the Constitution – S. Ian Bushnell
For a century after Confederation, Parliament's enactments touching upon family law had been of little controversy. The main intrusions during that period had been under the heads of "Marriage" and of "Criminal Law". In the former, the Courts had defined very narrow boundaries. In the other, no significant encroachment into provincial rights was ever made. However, with the passage of the Divorce Act, various Canadian Courts have begun to advance federal authority to unnecessary and constitutionally unjustifiable lengths. This paper examines the historical and legal development of this federal invasion.
- Domestic Contracts in Ontario – Derek Mendes da Costa
Amidst other massive reforms recently effected in its law of domestic relations, the Province of Ontario has made special provision to allow a man and a woman to enter into a "domestic contract". The author discusses, section by section, the meaning of this new legislation and its impact upon the law as it previously existed. He systematically examines marriage contracts, cohabitation agreements, separation agreements and paternity agreements, drawing careful distinctions between each of these documents.
- Female Delinquency and the Role of Women – Sherrie Barnhorst
The social system in western society tends to create a certain type of female delinquency which corresponds to the stereotyped concept of the proper role for women. This paper examines the position of the female offender in the context of women's role in society. The author identifies this stereotypical role and demonstrates how criminological theories of female delinquency have seized upon this image for their own bases. Official statistics and reported research supporting this myth are contrasted with self-report studies which reveal a markedly different conclusion. The author evaluates the date on the "rate producing process" in the juvenile justice system and concludes that the Juvenile Courts are effectively perpetuating the image of the maladjusted and promiscuous female offender.
- The Politics of the Family and the Family in Politics – Johann W. Mohr
A coherent family policy does not exist in Canada. It is true that the state has assumped certain traditional functions of the family, such as education, economy and management of resources. But these can hardly be said to be the basis of a family policy. Public policy is formalised and finally determined by legal forms and the author discusses how the law relating to marriage, divorce, marital property and support currently reflects the meagre public policy towards the family. He questions some of the assumptions upon which interpreters of public policy, be they of legal, social or psychological variety, have been operating. He warns that the consideration of that policy should not be restricted to law, for there is danger in an increased formalisation, supposedly directed at problem solving. The development of a sound public family policy lies in the re-examiniation of public institutes in the light of communal experiences.
Review of Periodical Literature
- Michael Langley, Ronald Parkinson and Brenda J. Thomas: “Youth’s Expectations and Perceptions of Their Initial Juvenile Court Appearances” (1978), 20 Can. J. Crim. & Corr. 43.
- Thomas J. Abernathy, Jr. and Margaret E. Arcus: “The Law and Divorce in Canada” (1977), 26 Fam. Coord. 409.
- Myles F. McLellan: “The Status of Maintenance Arrears in Bankruptcy” (1977), 26 R.F.L. 141.
- Miriam Aberg, Patricia Small and J. Allen Watson: “Males, Fathers and Husbands – Changing Roles and Reciprocal Legal Rights” (1977), 26 Fam. Coord. 327.
- F.A. Shroeder: “Matrimonial Property Law Reform: Evaluating the Alternatives” (1977), 11 U.B.C. L. Rev. 24.
- Walter M. Bennett, Jr. and Laughlin McDonald: “Rights of Children” (1977), 26 Fam. Coord. 333.
In The Family Courts
- Coles v. Coles and Richards
- Cassista v. Cassista
- Re The Queen and K.
- Gallivan v. Gallivan
- A v. A
Casenotes
- Constructive Trusts in Matrimonial Property Law (Rathwell v. Rathwell) – Robert L. Walker
- Custody Jurisdiction of a Juvenile Court (The Queen v. F.G.; The Queen v. C.F.) – Graham Parker
Book Reviews
- Lee E. Teitlbaum and Adrian R. Gough, Eds., Beyond Control – Status Offenders in the Juvenile Court. (Cambridge, Massachusetts.: Ballinger Publishing Co., 1977). – Robin-Lee Norris
- Child Abuse: Special Report (1978), 45 Ontario Medical Review 12. – Shari Stein