Religion and culture in Canadian family law / John T. Syrtash.
1992
KE539 .S98 1992 (Map It)
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Details
Title
Religion and culture in Canadian family law / John T. Syrtash.
Published
Toronto : Butterworths, 1992.
Call Number
KE539 .S98 1992
ISBN
040990371X :
Description
xxiv, 189 pages ; 24 cm
System Control No.
(OCoLC)28892261
Note
Includes index
Record Appears in
Table of Contents
Foreword
Preface
Acknowledgements
Table of Cases
Ch. 1
Resolving Conflicting Religious Rights and Freedoms in Access and Custody Disputes Upon Marriage Breakdown
IBalancing Religion or Culture with the Child's "Best Interests"
1
IITraditional Judicial Approaches and Principles
7
IIICustody, Access and Child Protection Disputes Among Aboriginal Peoples
49
IVChallenges To Traditions and Recent Developments: Section 16(10) of the Divorce Act
67
VSections 2(a) and 27 of the Canadian Charter of Rights and Freedoms
72
VIThe Charter Cases and Medical Opinion: Law versus Medicine
89
Ch. 2
Alternative "Cultural" Dispute Resolution
IRecognizing Religious and Aboriginal Divorce Within Canada
93
IIReligious Courts, Aboriginal Tribunals and Arbitration Law
98
IIISummary: Respecting Private Religious and Aboriginal Law
108
Ch. 3
Removing the Barriers to Religious Remarriage: Rights & Remedies
IIntroduction and Constitutional Background
111
IIJewish Divorce, Remarriage and the Problem of Consent and the "GET"
114
IIISection 2(4) to (7) of the Family Law Act: The Affidavit Route
128
IVConstitutionality of Affidavit Route and Section 2(4) to (7)
135
VMemorandum of Law / John D. Whyte
137
VIPolicy Reasons Behind Passage of Legislation
143
VIIAdditional Constitutional Argument: Section 27 of the Charter
144
VIIINon-Statutory Remedies, the Common Law and Foreign Jurisdictions
145
IXThe Affidavit Route as Recited in Canada's Recent Amendment to its Divorce Act: Section 21.1
147
XCase Law Under Section 21.1 of the Divorce Act
161
XIRemedies for Spouses Who Need a GET but are Already Divorced Under Canadian Civil Law
167
XIIApplicability of GET Legislation to Catholicism and Islam
168
XIIICreative Techniques in Respect of Non-Defending And Non-Participating Recalcitrant Spouses
172
XIVOther Solutions
173
XVComparison of Canadian Legislation with Israeli Law and the New York Domestic Relations Act
176
Ch. 4
Conclusion
IThe Extent to Which Multiculturalism Finds Legal Expression in Canadian Family Law
179
Index
181