Volume 8, Number 2, 1990
Articles
- Cohabitation and Support Obligations in the Common Law Jurisdictions in Canada - Keith B. Farquahar
Virtually all common law provinces have legislation recognizing that unmarried, cohabiting partners owe each other a duty of support. This duty arises when the couple live together "as husband and wife" for a certain period of time. The difficulty faced by courts in determining whether a support obligation exists is twofold. First, they must decide what is meant by "living together as husband and wife." Second, there is the time requirement, which varies considerably from province to province. An analysis of recent court decisions shows the current approach taken by both courts and legislators is unnecessarily complicated, and a simpler approach is suggested.
- Changes to Federal Jurisdiction Over Young Offenders: The Provincial Response - Larry C. Wilson
The replacement of the Juvenile Delinquents Act by the Young Offenders Act in 1984 was intended to provide a more uniform youth justice system across Canada. Whereas under the old law the age limits for "juvenile delinquents" varied from province to province, the new Act sets a national minimum age of 12 and a maximum afe of 18 for "young offenders." In addition, it outlines a number of special procedures to be used in the criminal prosecution of youths. The new regims has not been received without criticism, however, and some of the provinces have been reluctant to fully comply. This article examines whether the new Act has really succeeded in eliminating intra-provincial variations in the treatment of young offenders.
- An Analysis of Responsibilites in Child Welfare Systems - M.L. McCall
This paper examines how the responsibilites of guardianship, caretaking and advocacy with respect to children in the care of the state are distributed within 20th-century Canadian child welfare systems. The nature of these responsibilites and the types of tasks and activities associated with each of them are described. Models of child welfare system organization are described and analyzed with a view to identifing problematic allocation of responsibilities within particular types of systems. Finally, suggestions are made for allocating these responsibilities in ways which do not create internal tension and/or contradiction.
Comments
- A Child Care Expenses Deduction, Tax Reform and the Charter: Some Modest Proposals
- Finally Compensating the Victim
- A Note on British Columbia's Personal Property Security Act and the Family Relations Act
Review of Periodical Literature
- "The Family Law Act: How Planning for it May Ruin Your Marriage While Not Planning for it May Ruin Your Company"
"Custody, Access and Parental Mobility Rights"
"A Competency Clinic for the Elderly at Baycrest Centre"
"A Death of the Family: What's Become of the Parents and the Children?"
"Surrogate Motherhood: An Argument for Denial of Specific Performance"
"AIDS and Divorce"
"Protecting the Confidentiality of Blood Donors' Identities in AIDS Litigation"
Book Reviews
- AIDS: A Handbook for Professional
- Young Offenders Law in Canada