9:15 - 11:50 C Block Legal Studies
12:30 - 3:05 B Block Human Geography
C Block Legal Studies - Today we start in the class and we'll begin Family Law. We'll look at the "Essential" requirements for marriage (age, not currently married, affinity/consanguinity, mental capacity, willingness) and the "Formal" requirements for marriage (age, license, ceremony).
Here's an example: In BC sections 28 & 29 of the Marriage Act [RSBC 1996] Chapter 282 indicates consent is required to marry someone under the age of 19 and forbids marriage to someone under the age of 16. Specifically the act states:
28 (1) Except as provided in subsections (2) to (4), a marriage of a person, not being a widower or widow, who is a minor must not be solemnized, and a licence must not be issued, unless consent in writing to the marriage is first given
(a) by both parents of that person if both are living and are joint guardians, or by the parent having sole guardianship if they are not joint guardians or by the surviving parent if one of them is dead,
(b) if both parents are dead, or if neither parent is a guardian, by a lawfully appointed guardian of that person, or
(c) if both parents are dead, and there is no lawfully appointed guardian, by the Public Guardian and Trustee or the Supreme Court.
29 (1) Except as provided in subsections (2) and (3), a marriage of any person under 16 years of age must not be solemnized, and a licence must not be issued.
(2) If, on application to the Supreme Court, a marriage is shown to be expedient and in the interests of the parties, the court may, in its discretion, make an order authorizing the solemnization of and the issuing of a licence for the marriage of any person under 16 years of age.
In British Columbia the revised BC Family Law Act states:
3 (1) A person is a spouse for the purposes of this Act if the person
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship, and
(i) has done so for a continuous period of at least 2 years, or
(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.
(2) A spouse includes a former spouse.
(3) A relationship between spouses begins on the earlier of the following:
(a) the date on which they began to live together in a marriage-like relationship;
(b) the date of their marriage.
So this means that common law couples the same as married couples for purposes of property division if they split up and couples who have been living together for two years share the same legal rights as married couples. In the past, people who had been living together for decades were not entitled to share in assets accrued during the relationship. If there's time then we'll talk about annulments, divorce, property division and support obligations. We'll look at: the equal division rule and the matrimonial home; spousal support and self sufficiency; and the types of child guardianship, access, and child support.
BC Vital Statistics Agency - How to get married in BC
Here's an example: In BC sections 28 & 29 of the Marriage Act [RSBC 1996] Chapter 282 indicates consent is required to marry someone under the age of 19 and forbids marriage to someone under the age of 16. Specifically the act states:
28 (1) Except as provided in subsections (2) to (4), a marriage of a person, not being a widower or widow, who is a minor must not be solemnized, and a licence must not be issued, unless consent in writing to the marriage is first given
(a) by both parents of that person if both are living and are joint guardians, or by the parent having sole guardianship if they are not joint guardians or by the surviving parent if one of them is dead,
(b) if both parents are dead, or if neither parent is a guardian, by a lawfully appointed guardian of that person, or
(c) if both parents are dead, and there is no lawfully appointed guardian, by the Public Guardian and Trustee or the Supreme Court.
29 (1) Except as provided in subsections (2) and (3), a marriage of any person under 16 years of age must not be solemnized, and a licence must not be issued.
(2) If, on application to the Supreme Court, a marriage is shown to be expedient and in the interests of the parties, the court may, in its discretion, make an order authorizing the solemnization of and the issuing of a licence for the marriage of any person under 16 years of age.
In British Columbia the revised BC Family Law Act states:
3 (1) A person is a spouse for the purposes of this Act if the person
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship, and
(i) has done so for a continuous period of at least 2 years, or
(ii) except in Parts 5 [Property Division] and 6 [Pension Division], has a child with the other person.
(2) A spouse includes a former spouse.
(3) A relationship between spouses begins on the earlier of the following:
(a) the date on which they began to live together in a marriage-like relationship;
(b) the date of their marriage.
So this means that common law couples the same as married couples for purposes of property division if they split up and couples who have been living together for two years share the same legal rights as married couples. In the past, people who had been living together for decades were not entitled to share in assets accrued during the relationship. If there's time then we'll talk about annulments, divorce, property division and support obligations. We'll look at: the equal division rule and the matrimonial home; spousal support and self sufficiency; and the types of child guardianship, access, and child support.
BC Vital Statistics Agency - How to get married in BC
We'll also talk about annulments, divorce, property division and support obligations. We'll look at: the equal division rule and the matrimonial home; spousal support and self sufficiency; and the types of child guardianship, access, and child support. After, I will bring previous examples of the project with me to the learning commons for you to peruse if you'd like. Don't forget, if you need to film in front of a green screen you need to make arrangements with Mr. Ingram in room 003...preferably today. For more on Spousal Support Advisory Guidelines and entitlement check out the website here. When it comes to spousal support, the existing legal framework recognizes three bases for entitlement: compensatory, non-compensatory, or contractual.
s. 15.2(6)(d) of the Divorce Act, “in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.” Once the recipient has become “self-sufficient”, then spousal support can be terminated
For Child Support in Canada check out About Child Support in Canada or see the schedule of tables used to calculate support in British Columbia here.
From the Department of Justice:
The guiding principle of Canada’s child support law is that children should continue to benefit from the financial means of both parents just as they would if the parents were still together. Therefore, if you are divorced or separated from the other parent, you are both responsible for supporting your children financially. The Federal Child Support Guidelines (Federal Guidelines) are regulations made under the Divorce Act. They set out some rules and tables to show how much child support parents should pay when they divorce. The child support amounts in the tables reflect what parents living in the same province, with the same incomes and the same number of children would spend on their children.
A really good resource is the Families Change Guide to Separation & Divorce (BC)
- Compensatory claims are based either on the recipient’s economic loss or disadvantage as a result of the roles adopted during the marriage or on the recipient’s conferral of an economic benefit on the payor without adequate compensation.
- Non-compensatory claims involve claims based on need. “Need” can mean an inability to meet basic needs, but it has also generally been interpreted to cover a significant decline in standard of living from the marital standard. Non-compensatory support reflects the economic interdependency that develops as a result of a shared life, including significant elements of reliance and expectation, summed up in the phrase “merger over time”.
- Contractual claims covers not only formal domestic contracts but also implied or informal agreements.
s. 15.2(6)(d) of the Divorce Act, “in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.” Once the recipient has become “self-sufficient”, then spousal support can be terminated
For Child Support in Canada check out About Child Support in Canada or see the schedule of tables used to calculate support in British Columbia here.
From the Department of Justice:
The guiding principle of Canada’s child support law is that children should continue to benefit from the financial means of both parents just as they would if the parents were still together. Therefore, if you are divorced or separated from the other parent, you are both responsible for supporting your children financially. The Federal Child Support Guidelines (Federal Guidelines) are regulations made under the Divorce Act. They set out some rules and tables to show how much child support parents should pay when they divorce. The child support amounts in the tables reflect what parents living in the same province, with the same incomes and the same number of children would spend on their children.
A really good resource is the Families Change Guide to Separation & Divorce (BC)
After we will work in the learning commons / library to work on our civil law assignment.,
B Block Human Geography - Today more help for the SimCity Buildit project...
For the Key Issue, "Why Do Cities Face Challenges"? Our focus will be on the division between the downtown CBD (Central Business District) and the suburban residential neighbourhoods...using Vancouver as an example. Look at "filtering" (and SROs in Vancouver), public housing, gentrification and the Downtown Eastside (DTES). For help look at the following sites and videos:
The people of the Downtown Eastside
Vancouver's Downtown Eastside changing with development
City of Vancouver Downtown Eastside Plan
Welcome to Hell: A walk through the Downtown Eastside
Vice: Downtown Eastside
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