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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 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.
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 Canada Evidence Act is an Act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. [66] Each province also has its own evidence statute, governing the law of evidence in civil proceedings in the province.
Barrie Public Utilities v Canadian Cable Television Assn [2003] 1 S.C.R. 476; 2003 SCC 28 : Canadian Union of Public Employees v Ontario (Minister of Labour) [2003] 1 S.C.R. 539; 2003 SCC 29 : Bell Canada v Canadian Telephone Employees Association [2003] 1 S.C.R. 884; 2003 SCC 36 : Unifund Assurance Co v Insurance Corp of British Columbia
Halsbury’s Laws of Canada is written in a clear and accessible style, suitable for users ranging from first-year law students to experienced counsel. Each subject title is, as far as possible at the time of publication, a complete statement of Canadian law on that topic as of the currency date specified at the beginning of the title.
Pages in category "Family law in Canada" The following 14 pages are in this category, out of 14 total. This list may not reflect recent changes. ...