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In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
The Supreme Court of British Columbia upheld Canada's polygamy laws in a 2011 reference case. [45] [46] On March 9, 2018, the Supreme Court of British Columbia reaffirmed the constitutionality of Canada's anti-polygamy laws, [47] upholding the July 2017 polygamy convictions of Winston Blackmore and James Oler. [48]
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]
In British Columbia, the Family Law Act covers the division of property and debt between divorcing spouses. [114] The rules of the Supreme Court of British Columbia provide for contested procedures, where parties do not agree on terms, and for uncontested divorces (also called desk order divorces ) through streamlined procedures designed for ...
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On June 15, 2005, a B.C. Supreme Court judge in Nanaimo granted British Columbia's first same-sex divorce in the case of J.S. v. C.F.. [6] Although same-sex marriage had been legal in British Columbia for two years, the Divorce Act still defined marriage as being "between a man and a woman".