Law 2101 Chapter Notes - Chapter family: Total Fertility Rate, Family Law, Negative Number
27 Apr 2018
School
Department
Course
Professor
Family law- readings
Readings: F2- F16
Family Life in Canada
• History has given rise to considerable diversity in our individual and collective family experiences
• The science of public opinion polling tells us that most Canadians today would agree there is no
such thing as a typical family; and that few things matter more to them than the well-being of
their families
• Who we are as individuals is an expression of our experiences as family members
• Families share a commonality of purpose
o Demonstrate how we accept responsibility for each other
• Canada's people, Canada's families
o The vast majority live in census families- husbands and wives or common-law partners with
or without never-married children, and lone-parent families with their never-married
children
o The remainder of those living in families lived with other relatives or in multi-family
households
o There has been a steady increase in the proportion of Canadians living in 1 person
households
• They now outnumber households with 5 or more members by a margin of 3-1
• Recent increase in the number of births
o The current number of births is still about 1/4 less than it was during the height of the baby
boom
o The total fertility rate- an estimate of the average number of live births a woman can be
expected to have during her lifetime
• 2.1
• Considered necessary to maintain current population levels through natural increase
alone
• Has been below the replacement rate since 1972
o Overall, fertility is declining & aging
• More women postponing birth into their 30's
o Immigration will continue to drive population growth in future
• If current patterns hold, the number of deaths in Canada is likely to surpass the
number of births around 2030
• Immigration will be the only source of population growth
• Canada's aging population
o As a result of the drop in fertility and the steady increase in life expectancy
o The age distribution is now a diamond
• Changing family structure
o 50 years ago families used to be comprised of a legally married husband and wife and at
least 1 child
• This family is still the most numerous but it is no longer the majority
o The proportion of census families who are common-law couples without children doubled
during this period while the proportion with children more than tripled
o The proportion of lone-parent families was also higher, reflecting the long-term increase in
lone-parent families over the past 3 decades
o The majority of lone parent families are still headed by mothers, but the proportion headed
by lone-fathers is growing
• Conjugal status over the life course
o A "single" person is defined as someone who has never been legally married and is not
currently in a common-law relationship
• The minority for 25-29
o Common law relationships are the most common unions among young people
• Twice as common for people in early 20's as those who are legally married
o The proportion of married Canadians has been falling over time
• Common-law unions more common
o Young people in particular are opting to form common-law unions
• Especially notable in Quebec
• The appeal of marriage as a way of forming a first union or family seems to have
declined most markedly in this province
o Canadians view cohabitation as a prelude or complement to marriage rather than a
substitute for it
o The growing numbers of common-law unions suggest that many Canadians will live in
different types of conjugal unions at different points of their lives
o In all provinces except Quebec, the tendency in law has been to treat common-law unions in
a similar fashion to married unions, usually following a minimum duration of the common-
law union
o In Quebec, reflects the prevalent view among many Quebeckers that common-law is a
distinct alternative to marriage
• 4 in 10 marriages end in divorce
o Total divorce rate- measure that predicts the proportion of couples that can be expected to
divorce before their 30th wedding anniversary, based on current patterns of divorce
o The highest total divorce rates are in Quebec and Western Canada
o The risk of break-up of common law unions is much higher than the risk of divorce
Marriage and Divorce
Marriage
• The formal requirements of marriage that take place in Ontario are set out in the Marrige Act
• Most couples today get a marriage license
• The Marriage act also explains who is authorized to solemnize marriages and stipulates that there
must be 2 witnesses to the ceremony at which the parties must be present
• The marriage act attempts to ensure that children do not get married by specifying that no person
is to issue a license to a minor (under 18) or to officiate at the marriage of a minor except where
the minor is 16 or older and has written parental consent
• S.31 specifies that provided the couple acted in good faith and lived together as a married couple
after the ceremony, a marriage is deemed a valid marriage although
o The person who officiated was no authorized to solemnize the marriage
o The couple failed to get a license or to arrange for the publication of banns
o There was a defect in the issuance of the license or the publication of banns
• Common law definition of marriage
o The voluntary union for life of 2 persons to the exclusion of all others
• People who are too closely related by blood or through family ties may lack the capacity to marry
each other
o Fall within the prohibited degrees of consanguinity and affinity
Document Summary
Immigration will continue to drive population growth in future. If current patterns hold, the number of deaths in canada is likely to surpass the number of births around 2030. In all provinces except quebec, the tendency in law has been to treat common-law unions in a similar fashion to married unions, usually following a minimum duration of the common- law union. Includes adoption: a marriage is not void if one of the parties at the time of the marriage already is a party to an existing marriage, also under s. 293 of the criminal code, polygamy is an offence. 1/2 the difference between them: the key to determining entitlement under this section is the calculation of each spouse"s. Calculate the amount of the spouse"s debts and liabilities on the valuation date: deduct the total of these debts and liabilities from the figure determined under step 3.
