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The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of the Constitution Act, 1867.However, section 92(12) of the Constitution Act, 1867 gives the provincial legislatures the power to pass laws regulating the solemnization of marriage.
The History of women in Canada is the study of the historical experiences of women living in Canada and the laws and legislation affecting Canadian women. In colonial period of Canadian history, Indigenous women's roles were often challenged by Christian missionaries, and their marriages to European fur traders often brought their communities into greater contact with the outside world.
While divorce is a civil matter in Canadian law, lobbying from Jewish women's groups such as the Canadian Coalition of Jewish Women for the Gett [43] served to highlight the problem of agunah in Canada, and the connected problem of obtaining a get in the Jewish rabbinical courts. The Act was amended in 1990 to provide that: [44]
Timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents .
Throughout Europe, women's legal status centred around her marital status while marriage itself was the biggest factor in restricting women's autonomy. [84] Custom, statue and practice not only reduced women's rights and freedoms but prevented single or widowed women from holding public office on the justification that they might one day marry ...
By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband: under whose wing, protection, and cover, she performs every thing; and is therefore called in our law-French a feme-covert; is ...
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 .
Timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents. The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage.