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A central registry of divorce proceedings has been kept in Canada since July 2, 1968. If there is another divorce application involving the same two spouses, the Registry lets the courts know. Courts must complete an application form and send it to the Registry for each divorce application received.
In 1867, the Colony of British Columbia had declared that the laws of England, as they stood at November 19, 1858, were to apply "so far as they are not from local circumstances inapplicable". [8] This declaration was later held to have included the English Matrimonial Causes Act 1857 as it stood at that time. [ 9 ]
The Provincial Court also has limited family law jurisdiction, except for divorce proceedings and the division of matrimonial property. The Supreme Court of British Columbia shares jurisdiction over all matters that may be heard by the Provincial Court, except where exclusive jurisdiction may be conferred by statute on the Provincial Court.
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 spouses who agree on the terms for divorce orders and other relief. [115]
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 .
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