Volume 1, Number 3, 1978
Articles
- Does the Family Have Legal Functions? – Frank Bates
From the sociological point of view, notions of familial function have changed over the years and have been perceived with a greater or lesser degree of fragmentation. In addition, there has been criticism of the functionalist approach generally. From the legal standpoint, the Courts' perception of the family varies significantly with the context in which the term "family" arises; in succession cases, it has been given a restrictive meaning, but, in other areas, a broader one. The Courts have not, however, generally recognised a functionalist approach. Likewise, in very many areas of legal activity the law has tended not to regard the family as a distinct legal entity and such recognition as was once the case is sporadically being eroded or other legal concepts are given precedence. The task of establishing any specific legal functions possessed by the family is a different one.
- Domestic Contracts between Cohabiting Couples – Judith Keene
Five common law provinces in Canada have recently enacted reform legislation concerning matrimonial property and domestic relations. These statutes allow married, and sometimes unmarried, couples to enter into contractual agreements. The author discusses some areas of law as they may affect such contracts between cohabiting couples, married or not, in the provinces of Alberta, British Columbia, Manitoba, Ontario, Prince Edward Island and Quebec.
- The “Show Cause” Enforcement of Maintenance Orders – Roman N. Komar
The traditional method of enforcing maintenance orders in the Family Courts has been to summon the defaulter before the Court to show cause why he shuld not be imprisoned for his default. Yet it is a procedure which few lawyers fully understand. The author explains the nature of these proceedings, what evidence should be admitted or suppressed, what does and does not constitute "inability to pay" - the respondent's sole defence - and the advisability of imprisonment as a disposition. Throughout the paper are useful hints and comments to practitioners on case preparation and Courtroom advocacy.
Review of Periodical Literature
- Lorne E. Rozovsky and Syed N. Akhtar: “Should Psychiatric Communication Be Privileged?” (1977) 1 Leg. & Med. Q. 115.
- Timothy T. Daley: “The Nova Scotia Children’s Services Act” (1977), 29 R.F.L. 283.
- Lucien A. Beaulieu: “Media, Violence and the Family” (1977), 29 R.F.L. 104.
- Vijay K. Bhardwaj: “An Outline of the Matrimonial and Child Support Insurance Plan: A New Law of Maintenance” (1977), 28 R.F.L. 295.
- Robert P. Kouri: “The Legality of Purely Contraceptive Sterilization” (1976), 7 Rev. D.U. Sher. 1.
In The Family Courts
- Busse v. Busse
- The Queen v. D.G.
- Ferenci v. Ferenci
- Re Funk
- Re J.D.
- In Re Kemp
Casenotes
- The Duration of Separation Agreements (Re Finnie and Rae) – Nancy Backhouse
- Costs in No-Fault Divorce (Grenfell v. Grenfell) – Diana C. Dzwiekowski
- Parental Discipline (Re O.) – Bernard M. Dickens
Book Reviews
- Margaret M. McCaughan: The Legal Status of Married Women in Canada. (Toronto: Carswell, 1977). – Mary Jane Mossman
- Christine Davies: Power on Divorce and Other Matrimonial Causes. (Toronto: Carswell, 1977). – D. Roger Timms