Category Archives: Family

Second CRILF Report on Polyamory Studies Sociodemographic Attributes and Attitudes

By: John-Paul Boyd

PDF Version: Second CRILF Report on Polyamory Studies Sociodemographic Attributes and Attitudes

Report Commented On: “Perceptions of Polyamory in Canada”, Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family completed its second report on polyamory in January. The Institute’s first report, completed in April 2017, addressed how the legal issues arising from the formation and dissolution of polyamorous relationships are dealt with under the domestic relations legislation of Canada’s common law provinces, and included a preliminary analysis of the data gathered from a national survey administered over the course of seven weeks in the summer of 2016. The new report takes a much deeper look at the survey data and examines the sociodemographic attributes and attitudes of people identifying as polyamorous, with the goal of obtaining a better understanding of the prevalence and nature of polyamorous relationships to inform the development of family justice policy and legislation. Continue reading →

The Cost of Cohabitation Agreements: Considering Property Division Laws for Unmarried Cohabitants

By: Kyle Gardiner

PDF Version: The Cost of Cohabitation Agreements: Considering Property Division Laws for Unmarried Cohabitants

Report Commented On: Alberta Law Reform Institute, Property Division: Living Together Before Marriage, Report for Discussion No. 31

 On September 29, 2017, the Alberta Law Reform Institute (ALRI) released Property Division: Common Law Couples and Adult Interdependent Partners, Report for Discussion No. 30, addressing Alberta’s lack of statutory law dealing with property division for unmarried cohabitants. That report recommended that property division rules should apply to adult interdependent partners as defined in the Adult Interdependent Relationships Act, SA 2002, c A-4.5 (AIRA) (i.e. “common-law partners”), and that those rules should be based on the Matrimonial Property Act, RSA 2000, c M-8 (MPA) — the statute that governs property division upon marriage breakdown in Alberta. This recommendation necessitated a further question answered by ALRI’s Report for Discussion 31: how should laws of property division deal with couples who first cohabit and later marry? Continue reading →

Property Division: Living Together Before Marriage

By: Genevieve Tremblay-McCaig

PDF Version: Property Division: Living Together Before Marriage

Report Commented On: Alberta Law Reform Institute, Property Division: Living Together before Marriage, Report for Discussion 31

The Alberta Law Reform Institute (ALRI) is considering changes to property division rules for spouses who live together before marriage. It recently published Property Division: Living Together before Marriage, Report for Discussion 31. Report 31 follows a separate report for discussion on property division for common law couples and adult interdependent partners. Report 31 covers the related but distinct issue of premarital cohabitation and property division. Before it makes final recommendations to the Alberta government, ALRI is seeking feedback on the proposals below. Continue reading →

How the Canada Child Benefit Affects Separated Parents: The Post-relationship Breakdown Family Unit of Taxation

By: Kyle Gardiner

PDF Version: How the Canada Child Benefit Affects Separated Parents: The Post-relationship Breakdown Family Unit of Taxation

Matter Commented On: The Liberal Government’s Fall Economic Update, Indexing Canada Child Benefit Payments to Inflation

In its fall economic update last Tuesday, the Liberals announced that beginning in July 2018, Canada Child Benefit (CCB) payments will be increased amidst a smaller-than-expected deficit (of $18.4 billion this year, down from the spring projection of $25.5 billion), and a generally favourable economic outlook. This increase of $5.6 billion over five years is significant because it addresses what was the primary criticism of the CCB when it first came into place – that the benefit amounts were not indexed to inflation. The Liberals previously committed to indexing the amount to inflation if they were re-elected in 2019, and this upward adjustment represents a realization of that promise.

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Property Division for Common-law Couples: The Problem, the Project, and the Proposals

By: Laura Buckingham

PDF Version: Property Division for Common-law Couples: The Problem, the Project, and the Proposals

Report Commented On: Alberta Law Reform Institute, Property Division: Common Law Couples and Adult Interdependent Partners, Report for Discussion 30

The Alberta Law Reform Institute (ALRI) is considering how to improve the law of property division for common-law partners. It recently published Property Division: Common Law Couples and Adult Interdependent Partners, Report for Discussion 30. The report reviews the issues with the existing law and makes preliminary recommendations for reform. ALRI is now seeking feedback on its preliminary recommendations, before it makes final recommendations to the government of Alberta. Continue reading →