Volume 27, Number 2, 2011
Articles
- Introducing the Next Class of Bastard: An Assessment of the Definitional Implications of the Succession Law Reform Act for After-Born Children - Courtney Retter
After-born children are anachronistic aberrations. Defying any commonsense notion of procreation, an after-born child is conceived after the death of its parent. While a remarkable feat for reproductive medical science, posthumously conceived children push the boundaries of existing laws, creating problems previous generations of lawmakers did not need to consider. This article examines the challenges posed by after-born children in the area of intestate succession law. More specifically, using the province of Ontario as a case study, this article argues that the definitions of "child" and "issu" in the Succession Law Reform Act ["SLRA"] subject after-born children to inheritance-related deprivations on the basis of birth status alone. Creating a new class of bastard, this article argues that discriminating against a group of children for no reason above and beyond the way in which they came into this world is reminiscent of Canada's treatment of children born out of wedlock in the previous century. In order to contextualize the discrimination potentially faced by the after-born, this article begins by examining the legal deprivations resulting from legislation passed in Ontario condemning children born out of wedlock to illegitimate status in the past. No court in Ontario—or Canada at large—has yet had the opportunity to consider the inheritance rights of after-born children. Consequently, the article follows with a comparative analysis of the statutes and case law on point in the United States, United Kingdom, and Australia; it does so in order to evaluate the various interests at stake should Ontario choose to reform the SLRA.
- Donor Unknown: Assessing the Section 15 Rights of Donor-Conceived Offspring - Vanessa Gruben and Daphne Gilbert
Allan Falconer Memorial Student Essay Contest Winner
Book Review
- "See You on Skype!": Relocation, Access, and Virtual Parenting in the Digital Age - Christine E. Doucet
Since its emergence in the 1990s, the Internet has been celebrated as a tool for connecting people from all corners of the globe. Electronic communication tools, such as the Internet, now have a significant role in daily life, particularly with young people. While the legal field traditionally lags behind in integrating technological advancements into practice, these developments are increasingly, albeit somewhat slowly, being incorporated in family law disputes. Courts are now considering the use of virtual visitation to facilitate access between noncustodial parents and their children, particularly in contested relocation cases. This paper will examine the use of virtual visitation in the context of contested relocation cases, from both a domestic and international perspective. It will be argued that courts and legislatures alike must recognize that, while virtual visitation offers many benefits, including expanding access between children and noncustodial parents, virtual access should not be used to replace physical visitation, or as a determinative factor in permitting relocation. Using examples of legislation from the United States and Australia, this paper also seeks to encourage provincial legislatures across the country to enact laws to clarify public policy with respect to the appropriate scope and use of electronic communication as a form of access between parents and children.
- Transforming Law's Family: The Legal Recognition of Planned Lesbian Motherhood by Fiona Kelly - Shelley A.M. Gavigan
Case Comment
- Share the Wealth? Kerr v Baranow and the "Joint Family Venture" - Jennifer Flood