This paper will provide a summary analysis of the Nova Scotia (Attorney General) v Walsh case. This paper will argue that Justice L’Heureux-Dubé’s dissent concerning the discrimination of unmarried cohabiting heterosexual couples based upon marital status is the most convincing because it addresses the similarities between married and unmarried cohabiting heterosexual couples in terms of their needs following the breakdown of a relationship. Both parties have formed an economic interdependence that requires resolution through the division of their acquired assets. This will be established through the analysis of the facts, legal issues and judicial reasonings presented by Justice Bastarache, Justice Gonthier and Justice L’Heureux-Dubé.
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In 1999, the Supreme Court of Nova Scotia determined that the exclusion of common law heterosexual couples from the definition of spouse in section 2(g) of the Matrimonial Property Act, was not discriminatory and that even if it was found to be, it was saved under section 1 of the Charter. Marital status is not a protected ground under section 15(1) of the Charter. In 2000, the Nova Scotia Court of Appeal determined that the Crown had failed to demonstrate how the exclusion of common law heterosexual spouses from the provisions of the MPA was pressing and substantial. Therefore, the provisions of the MPA pertaining to the exclusion of common law relationships was found to be infringing upon section 15(1) of the Charter and this infringement could not be demonstrably justified in a free and democratic society under section 1 of the Charter. The appeal was …show more content…
The MPA is not discriminatory in its extension solely to married couples, for it does not deprive common law spouses of the dignity and liberty to choose alternative forms of cohabiting unions. The choice of cohabiting common law spouses to not pursue marriage can be attributed to numerous factors that must be respected in light of their personal autonomy. They have the liberty to make this choice. In order to determine whether there was a violation of section 15 of the Charter, the majority applied the Law test, which is a three-stage approach that was set out in Law v Canada. When considering whether the exclusion of non-married couples from the MPA was discriminatory, so as to violate section 15 of the Charter, the majority relied on the notion of the freedom of choice for alternative family forms. The MPA acknowledges this freedom of choice to get married, and allows for consenting married couples the opportunity to opt out. By extending the protections afforded in the MPA to unmarried cohabitants, it infringes upon an individual’s freedom of choice for their lifestyle. It is unjust for the state to impose this matrimonial property regime on persons who have chosen not to marry. An individual’s freedom to choose an alternative family form needs to be respected and legitimated by the state through
The case of Graham v. Connor is about DeThorne Graham a diabetic that had an insulin reaction, and was pulled over and stopped by Officer Connor. The case is important because it has set the bar when it comes to other cases and the use of force and violation of Fourth Amendment rights.
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
The main case that will be discussed in this paper is Nova Scotia (Attorney General) v. Walsh. This paper will argue that Bastarache J delivers the significant argument due to the recognition that individual’s choice to marry or not to marry must be respected; benefits arise from both married and common law relationships therefore, the Matrimonial Property Act does not discriminate unmarried heterosexual couples. This essay will address the facts, the legal issues, the decision, and an analysis of the decision.
In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Administrative law pertains to the process involved with making a decision, rather than the content of the decision itself. Fair process is at the heart of administrative law, and is present in all the branches flowing from it.
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
He continues to support the main claim by showing his knowledge of married couples’ legal rights. He explains that homosexual couples that are not allowed to marry are denied tax breaks, group insurance, and pension programs (Stoddard, 1988, p. 551). These are important grounds,...
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
"Marriage, Civil Unions and Domestic Partnerships: A Comparison." EqualityMaine. Equality Maine, n.d. Web. 02 Apr. 2014.
Same-sex couples are not the only couples changing. Heterosexual marriages are undergoing large transformations due to gender roles and expectations. In 1981, 90% of women by the age of 50 were involved in a marriage (Canadian Social Trends, 2007). What is more astonishing is, in 1981, 1 out of 1000 marriages ended in divorce and in 2006 the census recorded out of 1000 marriages 120 resulted in divorce (Canadian S...
... if? The legal consequences of marriage and the legal needs of lesbian and gay male couples. Michigan Law review. Nov.1996. Pg. 447-491. http://www.jstor.org.remote.baruch.cuny.edu/stable/1290119?seq=1&uid=3739664&uid=2134&uid=2&uid=70&uid=4&uid=3739256&sid=21103079482127
Social status. Race. Gender. Ethnicity. Religious persecution.
In the light of changes to the law over the past forty five years, in Hyde v Hyde Lord Penzance argued that, ‘’a marriage may be defined as the voluntary union for life of one man and one woman to the exclusion of all others’’, this has enshrined in the Matrimonial Causes Act . This argument requires a critical discussion in the light of the above case including statutes, case law, changes in society, public opinion, Human right and same sex marriage.
The Government of Canada passed a law making it illegal to discriminate against an individual's sexual preference. With this in mind, the government would then require all of society, including religious communities, to welcome the marriages, adoptions, and families of homosexuals as though they were in no way different from heterosexual ones. It is amazing that such an authority be involved in legislating the acceptance of the normality of this group of individuals. To conclude that the government is taking a corageous act by legislating this law , it must be shown that homosexuality is something we have to accept in society.