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According to one of the attorneys in the M. v. H. case, the ruling dealt "a body blow to discrimination" in Canada. [3] Although the ruling applied specifically only to the Ontario law, the constitutional principles declared by the court had far-reaching implications for all other provinces in their treatment of same-sex couples' rights. [5]
Cases which have divorce or property claims are brought exclusively in the Superior Court, and child protection and adoption cases must be commenced solely in the Ontario Court of Justice. Each of these two courts has jurisdiction over child and spousal support, as well as custody and access claims.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]
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 first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
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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 ...
However, Madam Justice Ruth Mesbur of the Ontario Superior Court of Justice ruled in M.M. v J.H that the definition of "spouse" in the Divorce Act was unconstitutional. [100] [101] In June 2005, a lesbian couple residing in British Columbia obtained a similar ruling. [102] The Civil Marriage Act in 2005 amended the Divorce Act to permit same ...
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