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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.
The Civil Code of Quebec governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law.
The Family Law Act (the Act) is a statute passed by the Legislature of Ontario in 1986, [1] regulating the rights of spouses and dependants in regard to property, support, inheritance, prenuptial agreements, separation agreements, and other matters of family law. [2]
The Canada Evidence Act [1] (French: Loi sur la preuve au Canada) is an act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by common law, the act is not comprehensive. The act applies to court proceedings conducted under federal law.
These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. [1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation.
The Supreme Court of Canada in Ottawa, west of Parliament Hill. The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), [1] [2] and Indigenous law systems [3] developed by the various Indigenous Nations.
Written by leading practitioners, jurists and academics, Halsbury’s Laws of Canada is an authoritative exposition of Canadian statutes, regulations and case law. It provides definitive information about black-letter law, without opinion or commentary, and without archival cases or outdated statutory references (except where necessary). [1]
Adoption law in Canada (2 P) C. Canadian family case law (7 P) Pages in category "Family law in Canada" The following 14 pages are in this category, out of 14 total.