Volume 7, Number 2, 1990
Articles
- Taking Children and Facts Seriously: Evidence Law in Child Protection Proceedings - Part II - D.A. Rollie Thompson
Note: Part I of this article appeared in v.7, n.1 of the Journal.
This article's thesis is that evidence law in child protection proceedings represent an unstable compromise between an amalgam of elements - from the criminal, civil and administrative law fields - which are unique to family law. The procedural structure and substantive law that governs child protection proceedings are outlined, then the principal evidence issues that arise in these cases are canvassed. In conclusion, the author suggests possible procedural and substantive changes in the law which may serve to establish a more comfortable equilibrium and greater uniformity in the resolution of evidence issues in these cases.
- One in Ten: The Struggle and Disempowerment of the Battered Women's Movement - N. Zoe Hilton
The article deals with the valuation and division of pensions under Ontario's new Family Law Act. Two contrasting approaches have emerged in case law: a "lump sum" method for distributing pensions and a portion held in trust to be distributed "if and when" benefits are received. The writer explores the difficulties inherent in each approach, and suggests that legislative reform such as taxation of the non-employee spouse's share directly in his hands and statutory provisions for division entitlements by plan administrators is desirable.
Comments
- Causal Connection in Constructive Trust After Sorochan v. Sorochan - Keith B. Farquhar
- Sexuality and the State: A Comment on Moral Boundaries in the Physical Realm - Neil T. Boyd
- The Failure of the Legal System to Protect the Economic Rights of Children - Nerys Blown and Susan Milliken
Review of Periodical Literature
- Robyn-Marie Lyon: "Speaking for a Child: The Role of Independent Counsel for Minors" (1987) 75 California L.R. - Doug Bertz
- Randall W. Bestra and Paul J.W intermute: "Young Offenders in Adult Court: Are We Moving in the Right Direction" (1988) 30 Criminal Law Quarterly - Kathleen Walker Kierans
- Jana B Singer and William L. Reynolds: "A Dissent on Joint Custody" (1988) 47 Maryland L.R. - Linda Dear
- Alastair Bissett-Johnson and Cynthia J. Cavett: "The Legacy of Baby M: Drafting and Contractual Problems" (1988) 2 Canadian Family Law Quarterly- Diana L. Dorey
- Donald E. Conlon: "The Mediation-Intravention Discussion: Toward an Integrative Perspective" (1988) 4 Negotiation Journal - Cathy Bell
- Walter H. Bennett Jr.: "A Critique of the Emerging Convention on the Rights of the Child" (1987) 20 Cornell International L.J. - Greg Lanning
- Mary Christine Huton: "Child Sexual Abuse Cases: Reestablishing the Balance Within the Adversary System" (1987) 20 U. of Michigan Journal of Law Reform - Doug Bertz
Book Reviews
- Sheila Kieran, The Family Matters: Two Centuries of Family Law and Life in Ontario (Toronto: Key Porter Books Ltd., 1986) - Alexander J. Matejko
- Frank Bates, An Introduction to Family Law (Melbourne: The Law Book Company, 1987) - Greg Lanning
- Donald Poirier, Leonard Coguen and Perry Leslie, Eds., Education Rights of Exceptional Children in Canada (Agincourt, Ontario: Carswell Company, 1988) - Ronald N. Pelletier
- Jill F. Burrett, Child Access and Modern Family Law. (Agincourt, Ontario: Carswell Company, 1988) - Jodie Werier