Family
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March 08, 2024
SCC rejects ‘rule’ for appellate review of credibility & reliability findings in sex assault cases
In a judgment welcomed by legal advocates for women on International Women’s Day, the Supreme Court of Canada has rejected a defence plea to recognize a new “rule” against trial judges’ reliance on “ungrounded common-sense assumptions” in sexual assault and other criminal cases that would give rise to an error of law when appellate courts are reviewing lower courts’ credibility and reliability findings.
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March 08, 2024
Court recognizes Bangladeshi divorce, despite fact former wife cannot apply for spousal support
Ontario’s top court has ruled that a “talaq” divorce obtained in Bangladesh was not contrary to Canadian public policy — while also highlighting the fact that its finding means the former wife is not able to seek spousal support under provincial family law legislation.
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March 07, 2024
Ottawa to launch new rural and Francophone-minority community immigration pilot programs in fall
The federal government says it will launch next “fall” two separate immigration pilot programs, in support of rural communities and Francophone-minority communities.
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March 06, 2024
How claims of innocence affect parole, part two | Michael Crowley
Remorse, or the lack of remorse as demonstrated in the Latimer case, is a question that arises much more frequently than cases that involve lifers and the question of the acceptance of guilt.
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March 06, 2024
Ontario court finds Quebec dad ‘tacitly’ agreed to daughter’s move in jurisdiction case
Family lawyers must make sure their client’s intentions “are clear and unequivocal” when agreeing or disagreeing with parenting arrangements, says a lawyer after Ontario’s Appeal Court found a Quebec father had “tacitly” acquiesced to his daughter living in Ontario with her mother.
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March 06, 2024
Paving the way to gender equality this International Women’s Day | Mujda Rasoul
March 8 is International Women’s Day, marking an annual day of celebrating the great achievements of women globally. This year’s theme is “Inspire Inclusion,” emphasizing the importance of diversity and empowerment in all aspects of society.
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March 06, 2024
Controversy erupts after Quebec Appeal Court grants asylum seekers access to subsidized daycare
Asylum seekers in Quebec, after waging a long legal battle, can now have access to subsidized daycare after the Quebec Court of Appeal found that a provincial policy was discriminatory in a decision hailed by legal experts but mired in political controversy.
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March 06, 2024
Parental alienation, family violence and family law: Part two | Pamela Cross
In her 2023 report entitled, “Custody, violence against women and violence against children,” U.N. Special Rapporteur on Violence Against Women and Girls, Reem Aslalem, describes parental alienation as a “discredited and unscientific pseudo-concept” that serves as a tool for abusers “to continue their abuse and coercion and to undermine and discredit allegations of domestic violence made by mothers who are trying to keep their children safe.”
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March 06, 2024
Family Law - CUSTODY, PARENTING, AND ACCESS - Best interests of child - Custody and parenting time - Shared or split
Appeal by mother from decision of trial judge awarding father gradually increasing parenting time. The trial judge found in favour of the father and granted his application for increased parenting time, with the children ultimately residing with each parent on “two/two/five/five” schedule.
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March 05, 2024
Parental alienation, family violence and family law: Part one | Pamela Cross
The terms parental alienation syndrome (PAS) and its more recent iteration, parental alienation (PA), have been creating challenges in family law cases involving parenting claims since at least the 1990s.