Volume 16, Number 1, 1999
Articles
- Race and Child Custody in Canada: Its Relevance and Role - Emily F. Carasco
This article analyzes the relevance of a child's racial identity in the determination of what is in the best interests of a child in contested custody situations. The author discusses the amorphous and subjective nature of the best interests test and the meaning of a race in Canada. It is submitted that in a multi-racial country, race plays a significant role in determing an individual's place in society. Therefore, the issue of race cannot be ignored when making a decision regarding the well-being and future of a child. Relevant Canadian cases and literature are examined with a view to highlighting both the potential dangers as well as the benefits of a race-conscious best interests determination. The author concludes that the best interests principle demands a focus on the child and on any and evey aspect of the child's persona and circumstances that may enhance the well-being of that chlid. In this context, race is always relevant but the significance of race-related issues within the context of a best interests determination will vary from case to case.
- Separation Agreements Post-Moge, Willick and L.G. v. G.B.: A New Trilogy? - Martha Shaffer
The law concering the variation of consensual spousal support provisions is in a state of flux. Recent decisions from the Supreme Court of Canada suggest that the court may be willing to revisit the high variation standard set down in the Pelech trilogy and a minority of the court has already indicated what it thinks a new variation test should be. At the lower court level, some courts are already treating the trilogy as defunct; others continue to pay lip service to the trilogy while permitting variation on a much less stringent standard.
In this paper, we seek to examine these developments on a province by province basis. We begin with a brief overview of the trilogy as a way of situating the current state of the law. We then examine Moge, Wilick, and L.G. v. G.B., each of which may be seen to case some degree of doubt on the trilogy standard. Next we provide a brief overview of the effect that these cases have had on courts across the country. Finally, we offer some preliminary thoughts as to why departing from the trilogy standard is a welcome development, despite the uncertainty it may cause for those seeking to draft, or enter into, final agreements.
- Common Law Couples: Violence Yields Superior Property Rights in Saskatchewan - Gerald B. Heinrichs
The property rights of common law couples are slowly changing to mirror those of married couples. In Saskatchewan, the Victims of Domestic Violence Act has greatly expanded the property rights of common law couples but only in certain circumstances.
Case Comment
- In the Family Courts - taken from the Syrtash Family Law Netletter