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The couple sought judicial review of the decision by the Ottawa City Clerk to deny them a marriage license, arguing that the acknowledged common law prohibition of same-sex couples from marriage violated their rights under section 15 of the Canadian Charter of Rights and Freedoms by discriminating on the basis of their sex. [2]
Ontario: 18, or 16 with written consent from both sets of parents. [19] Quebec: 18, or 16 with authorization from the courts. [20] New Brunswick: 18, or 16 with an affidavit of consent signed by parents or guardians. [21] Nova Scotia: 19, or 16 with a signed consent form. [22] Prince Edward Island: 18, or 16 with a consent form signed by parent ...
The Equality Rights Statute Amendment Act, [1] (formally An Act to Amend Ontario Statutes to Provide for the Equal Treatment of Persons in Spousal Relationships), commonly known as Bill 167, was a proposed law in the Canadian province of Ontario, introduced by the government of Bob Rae in 1994, which would have provided cohabiting same-sex couples with rights and obligations mostly equal to ...
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 ...
The formal prerequisites of a valid marriage are set out marriage laws of each Canadian province and territory. [6] The parties must have a marriage license, be of proper age, or have parental consent. A marriage will generally be formally valid if it confirms to the laws of the province where the marriage is celebrated (lex loci celebrationis ...
M v H [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of cohabiting same-sex couples to equal treatment under the law. The court found that the definition of spouse in section 29 of Ontario's Family Law Act, which extended spousal support rights to unmarried cohabiting opposite-sex couples but not same-sex couples, was discriminatory and therefore ...
a spouse (called the "deponent") may file an affidavit upon the other spouse identifying the particulars of the marriage, the nature of any barriers to remarriage in the deponent's religion that are within the other spouse's control, whether such barriers have been removed, or, where a request has been made to have such barriers removed ...
Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most often resulting in divorce. The defendant in an alienation of affections suit is typically an adulterous spouse's lover, although family members, counselors, and therapists or clergy members who have advised a ...