Abstract This paper explains that, because Canadianlaw seeks, as a general rule, to reward the efforts of the spouses equally vis-a-vis the allocation of the marital goods, it seems fairly evident that the woman should receive half of everything acquired by her husband over the course of their marriage. The author points out that this ruling includes a "fair" portion of the former husband's pension if that was something he was able to secure after their marriage unfolded. The paper argues that the spouse took care of the children and has been out of the workforce for nearly two decades; therefore, it would be patently unfair to leave her without some long-term means of support. The author stresses that she is every bit as entitled to enjoy the fruits of the husband's success as he is.
From the Paper "First of all, Canada has a 20-year old Divorce Act which clearly states that a divorce is permissible if the couple have been separated for at least one year. In that regard, there is really no way that either party can contest the decision to end the relationship even if one of them decides after the fact that they wish to keep things going; from Kate's perspective, any fears that Ben might turn around and contest the agreed-upon divorce at some point in the future appear to be ill-founded. In any event, Kate is still in a challenging situation - at least at first glance."
Abstract The paper looks at the advantages and implications of excluding managerial employees from collective agreements under Canadian Labor Law. It examines the way different Labor Boards treat and rule on who should be excluded in each case.
From the Paper "Whenever a trade union in Canada applies for certification to the Labour Board, it undergoes a series of procedures before the Board acknowledges to the union that the latter, in fact, exists under the law. One of the steps that the union and a related employer(s) undertake is called the definition of the bargaining unit. This procedure involves submitting to the Labour Board a list of names of all employees in a proposed unit along with their positions and job descriptions. The purpose of this move is to pin-point those categories of employees that may and will be excluded from the proposed unit if found in the initial submission."
Abstract This paper discusses the possible causes and the harmful effects of divorce in the United States. It outlines the most common causes of divorce according to the experts: no-fault divorcelaws, financial hardships, low levels of satisfaction and commitment, infidelity, poor communication and lack of conflict resolution skills and describes how the important and most devastating for the entire nation is the negative effect that divorce has on the young children belonging to divorced parents.
From the Paper "Money problem is by far the most common and the Number one cause of divorce in the United States. Most couples experiencing the pains of a constrained relationship opt for divorce only because of their inability to cordially solve the issue of finances. Constant fighting over the money results in the rising tension followed by disintegration of the family. National statistics reveal "as many as 70 percent of divorcing couples attribute the breakdown of their marriage to arguments about money" (Carter et al: E4)."
Abstract In this article, the writer expands on the belief that the most dominating aspect of family law is that it pertains to the domestic sphere. Further, the writer examines the repercussions of this domestic aspect of family law. The writer notes that one can see that the dominant aspect of Canadian family law with regard to both divorce and common law couples has changed. Moreover, this was also the dominant aspect with regard to the very nature of families, in that same-sex relationships have been legitimized to the full extent of the law. The writer points out that the last-mentioned change is certainly the most dramatic, setting Canada ahead of social trends in most countries, and illustrating perhaps most clearly of all how much Canadian family law has changed.
From the Paper "Another aspect of family law that has been dominated by change has been the important sphere of divorce law. Boyd points out that at the beginning of the 20th century, people rarely divorced. However, a century later, divorce has become common-place. In fact, in many Canadian class rooms, there are more children from "broken" families than from intact families. As the century progressed, people became more willing to break their marriage vows and start over. Also, as divorce become more and more commonplace, people began to feel less guilt and failure about getting a divorce. Moreover, it is now a more secular time, and many people simply do not take their church vows as seriously. Canadian family law seems to have recognized this softening of social attitudes towards divorce, because it has made a series of changes to divorce law. Perhaps the most salient change has been that it has become much easier to obtain a divorce, particularly with the introduction of the concept of so-called "no-fault" divorce."
Abstract The paper examines community property law in relation to the separate property of each spouse and the real estate which either spouse acquires. The paper then explains community property versus joint tenancy, the differences in the community property system versus common law marital property system and the community property systems in times of divorce. The paper also discusses the laws of community property with regard to inequities of income splitting, creditors and death of the spouse. The paper shows how community property law promotes equity as well as efficiency but with certain drawbacks.
Outline:
Introduction
Discussion
Conclusion
From the Paper "Everything that a husband and wife possess together falls under Community Property. This normally includes all the debts incurred, money earned and all the property attained during the marriage period. The following are classified as the joint property of a married couple by community property states: (a) any income obtained during the marriage by either spouse; (b) any personal property or real property attained through the income earned during the period of marriage- it includes home, vehicles, appliances, furniture, luxury items, etc; (c) any debts acquired in the course of the marriage. Under the law of community property, everything is owned as well as owed by the spouses immaterial of the fact as to who has spent or earned the income. ("The Ins and Outs of Community Property Law", n. d.)"
Abstract This paper addresses this question in terms of both Canadianlaws governing child pornography on the Internet, and the role of these laws in terms of wider international legislation and norms in this area. It will be argued that the key problem related to Canadian child pornography legislation and the Internet is not so much a need for stronger laws, but rather the enforcement of those that currently exist.
Abstract It is indisputable that the natural law perspective has had a powerful influence on Canadianlaws and lawmakers. However, some theorists believe that in today's multicultural and diverse societies, natural law is no longer relevant. It is argued in this paper that this is not accurate, and that the natural law perspective continues to have a powerful influence on Canadianlaws and lawmakers. It shows, however, that other perspectives also have an influence.
A review of the article "Feature Questions of Evidence, Detective Fiction in the Archives: Court Records and the Uses of Law in Late Medieval England" by Shannon McSheffrey.
Abstract The paper examines Shannon McSheffrey's article "Feature Questions of Evidence, Detective Fiction in the Archives: Court Records and the Uses of Law in Late Medieval England" that shows how late medieval Londoners used the legal system to their advantage and how using archives as historical agents can change the way historians interpret the past. The paper demonstrates how McSheffrey's article has brought an obscure divorce court case to life with exhaustive research. The paper posits that McSheffrey's arguments are well founded and supported by the records she uncovered, making the history of late medieval London interesting.
From the Paper "England in the Late Medieval period was a time of great social and political change, which many historians believe marked the beginning of modern English history. The Kings of this period were some of the more well known; Henry V, Henry VI, Edward IV, and Richard III. It was a period of many conflicts, both in England and across the channel. Henry V restarted the Hundred Years War with France in 1415 to reclaim England's lost territories in the region, and to take the French crown; he spent the rest of his life in fighting in France and died from dysentery. His son, Henry VI, ascended the throne when he was 9 months old, a Council governed until his maturity, however, he proved to be a weak King and his reign marked the decline of the monarchy. During Henry VI's reign, civil war broke out amongst factions of noblemen seeking power in the court, and was called the War of the Roses."
Abstract This paper discusses the role played in Canadian politics by the Charter of Rights in Canada's new Constitution. The writer gives a brief synopsis of the rights that the Charter seeks to confer, and the powers it has given to the Courts of Canada. In the case of "Regina v. Dr. Morgentaler", which was given top press coverage, the writer shows how section seven within the Charter of Rights was used as a lever to justify the overturning of the existing abortion laws. The writer discusses three main choices which the elimination of the Abortion Laws has left for the government's leaders, and concludes by emphasizing the care with which the Prime Minister must watch the media and its ability to sway the people's passions.
From the Paper "In order to better understand how that could happen, it may be worthwhile to note that a brief outline of the Constitution shows that it circumscribes three main areas. The first area is where the Constitution gives basic principles and goals; the second outlines how power will be distributed within the nation; and the third area covers the basic rights and freedoms given to a citizen. Upon considering the areas mentioned, we see that the Constitution of Canada basically outlines the rules by which politics may be executed within this country. And we know that it is vitally important to have a Constitution so that we may have a proper base of law and order with which to be governed by and to live by."
Abstract In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadian justice system. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginal peoples within the Canadian justice system and the third and last area revolves around the difficulty that Canadianlaw-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadian justice system.
Abstract The paper explains the dynamics of domestic violence among immigrant and refugee women in Canada, particularly the problems of isolation, stigma and ignorance of Canadianlaw. The paper places an emphasis on public education work, seeing that women understand Canadian criminal law and their rights as victims and includes some interview material and various references. The paper is intended as a progress report, towards a longer term paper.
From the Paper "Canadian immigration and refugee policy has been praised for its special attention to female migrants. It is well known that women often face special dangers in countries they must leave as refugees and that these can be among the reasons they apply to come to Canada as immigrants. This short progress report refers to an eventual paper that will explore Canada's way of taking into account domestic violence among women who are in Canada, many of them depending on husbands or other male kin."
Abstract In this article, the writer notes that the controversial issue of same-sex marriage has dominated both floors of the Canadian Parliament for nearly a decade. The writer points out that while legislators were decidedly split on the issue during its first inception into legislative committees, the Canadian citizenry pleaded with their legislators to push for the legalization of same-sex marriages. The writer discusses that effective July 20, 2005, the Civil Marriage Act took full effect however, many of the bill's opponents vowed to rescind the bill once the balance of power shifted. The writer concludes that in accordance with the Canadian Charter of Rights, the Civil Marriage Act upholds its pledge to treat every citizen equally, in addition to recognizing the equality of minorities and the rights of those in the minority.
From the Paper "The main challenge for proponents of the Civil Marriage Act was not only to ensure the equal rights for same-sex marriages, but also to uphold the religious freedom also outlined in the Charter of Rights. Dissenters argue that religious freedom is still violated by this bill, however the Civil Marriage Act is very explicit on religious institutions. Religious groups and institutions are not to be forced to wed those who seek same-sex marriage, and it is not the responsibility of the government to enforce federal power over religious groups to provide said service to those seeking a wedding.
"More importantly, a good amount of time was spent incorporating the Civil Marriage Act into other pieces of legislation."
Tags: civil, act, legalization, Canadian, Charter, of, Rights
A look at the methodologies and findings of two separate research studies: An on-line survey of 150 Web users of medical sites and a review of the privacy policies among 25 Canadian on-line pharmacies.
Abstract The paper provides a question by question analysis of each survey in both text and table formats. The author concludes that on-line Canadian pharmacies may not meet American or Canadian privacy laws requirements and may not provide adequate privacy protection for the customers. The paper recommends that, not withstanding the dangers typically associated with these on-line pharmacy providers, because of the high costs of prescription medications in the United States, many consumers are compelled to seek alternatives through these largely unproven outlets; therefore, it is clear that all consumers should be cautious of online pharmacies as a means of obtaining products or practices that are illegal in an off-line environment.
Outline
Introduction
Methodology of the 150-Person Web User Survey
Data Collection of Web User Survey
Online Canadian Pharmacy Consumer Survey Findings
Demographics
Overall Privacy Policy
Pharmacy Licensing
Personal Demographic Information Collected
Computer Hardware/Software and Cookies Information
Ability for the Consumer to Update Personal Information
Opt-In and Opt-Out
Disclosure of Information to Third Parties and Affiliates
Security
Miscellaneous Information
Spreadsheet Analysis of Privacy Policy Information for Canadian Online Pharmacies
Methodology of the 25 Canadian Online Pharmacies
Tables of Online Survey Results of Consumers Views of Canadian Online Pharmacies
Conclusions, Implications, and Recommendations
Conclusions
Implications
Recommendations
From the Paper "Almost all of the 25 online Canadian pharmacies surveyed (24, or 96 percent) required a health profile and an original or copy of a prescription to complete a transaction. Of the 25 online Canadian pharmacies' demographic information requirements surveyed, eight (or 32 percent) used email; none used Social Security; nine (or 36 percent) used an address, telephone and credit card inclusively; and seven (or 28 percent) used some type of demographic information such as sex or age.
Just about a quarter (6 or 24 percent) of the 25 online Canadian pharmacies surveyed used cookies, but none of them allowed third-party providers to place them."
Abstract The paper examines the wellsprings of power and authority and delves into an examination of concepts such as "Law and Order," "Rule of Law" and "Constitutional Order". Among other things, the paper notes that deference towards the law by nineteenth century Canadians was not as pronounced as commonly supposed and that nineteenth century conceptions of the proper constitutional order were far different than those of today.
From the Paper "Concepts such as the "Rule of Law," "Law and Order" and "Constitutional Order" are very much at the heart of the Anglo-American, Canadian legal system. This paper will examine these ideas and their relationship to the broader notions of order and authority. As will become clear, there remains a great deal of ambiguity surrounding the extent to which earlier generations of Canadians embraced the legitimacy and primacy of written law - the formal "rules" of Canadian society if you will - and its chief interpreters (judges and lawyers). On one hand, there is evidence of the written law and its most erudite interpreters being elevated to a position of pre-eminence within society - at least in Tina Loo's depiction of nineteenth century British Columbia."
Abstract This paper examines the impact of divorce in relation to gender. The paper demonstrates the different challenges faced by women and men after divorce, and the differing effect of divorce on their adjustment process. The paper considers economics, coping skills and opportunity for self-development, which may all be more constrained for many women. The paper also discusses the social reasons for divorce and examines the development of new intimate relationships by both men and women.
