CRIM 135 Lecture Notes - Shared Parenting, Noncustodial Parent, Civil Marriage
25 Feb 2013
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No overlap in division of property (provisional jurisdiction) Federal can define marriage, who can get married. Federal can order spousal support, child support etc. Apply for marriage license to provisional government. Child custody and access falls under section 92 (13), but federal jurisdiction also has power. 92 (13) is over property and civil rights. Provincial power is over 92 (13) and 92 (14) (constitutional overlap) Property division and access is exclusively provincial government. Guardianship does not only apply to children, also to people who cannot look after themselves (ex mental disabilities) No federal statute defining marriage until 2005. Under civil marriage act, it was defined as the lawful union of two persons, to the exclusion of all others. Common law definition was the lawful union of a man and a woman, to the exclusion of all others. End marriage requires legal process known as divorce. Common law relationship is not a legal status.
