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Miglin v Miglin, [2003] 1 S.C.R. 303, 2003 SCC 24, is the leading case decided by the Supreme Court of Canada on the use of separation agreements. The Court established a two-stage test to determine whether a separation agreement can be relied upon. Prior to the Miglin decision, the leading cases on separation agreements was the Pelech Trilogy.
The Clarity Act [1] (French: Loi sur la clarté référendaire, known as Bill C-20 before it became law) is legislation passed by the Parliament of Canada that established the conditions under which the Government of Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces.
These movements have also assumed that Canada's northern territories (Yukon, Northwest Territories, and Nunavut) would also be a part of a new Western Canadian union. Parties advocating Western separation include the Western Canada Concept, the Western Independence Party, and the Western Block Party. These parties have not achieved much success ...
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven governments derive their authority from the Constitution of Canada . There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament , and municipal governments ...
A central component of the Charlottetown Accord was the Canada Clause, which was intended to be an interpretive section of the Canadian Constitution.The Canada Clause set out general values which it asserted defined the nature of Canadian character and political society.
In The Spirit of Law (1748), [17] Montesquieu described the various forms of distribution of political power among a legislature, an executive, and a judiciary. Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as ...
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