Law+Commission+of+Canada


 * Law Commission of Canada, //Beyond Conjugality: Recognizing and Supporting Close Personal Adult Relationships//**

-This article looks at close personal relationships apart from the conjugal couple (e.g. adult siblings sharing a home, widows and widowers forming blended families and multi-generational households) and the way that government can and should regulate them -“Governments have taken important steps forward in recent years by extending rights and obligations to persons who are living in non-marital relationships, whether same-sex or opposite-sex. But this extension of rights and obligations has maintained the legal focus on conjugal relationships. A more principled and comprehensive approach is needed to encompass the full range of Canadians’ close personal relationships.”

-There are two types of equality the government must promote: 1) Relational equality: seeks to “equalize the legal status among different types of relationships.” 2) Equality within relationships: policies must aim to overcome unequal distributions of income, wealth and power, including addressing the lack of state support for people with disabilities.

-Legal values that the government must promote: -Autonomy -Personal security -Privacy (e.g. state should avoid establishing legal rules that require people to reveal intimate details of their relationships) -Religious freedom (the state must not take sides in religious matters)

(NB: equality and autonomy are the two most important factors to consider in a comprehensive approach to the recognition of personal adult relationships)

-Their proposed methodology for creating or evaluating legislation that attempts to regulate personal relationships: 1) Are the objectives of the legislation legitimate? 2) If so, are relationships relevant to achieving them? 3) If they are relevant, can individuals themselves choose which relationships should be subject to the law? 4) If relationships are relevant and self-designation is not feasible, is there a better way for governments to include relationships?

-Has been used to deliver government subsidies -The Act doesn’t accurately capture the range of relevant relationships -E.g. of reform: Parliament should “replace the Income Tax Act’s spouse and common-law partner tax credit with enhanced or new programs that more carefully target caregivers and children for direct income support.” -E.g. of reform: Parliament should extend “rollover rules for transfers of property between spouses and common-law partners… to all persons living together in economically interdependent relationships.”
 * E.g. Income Tax Act**

-The authors favour a registration scheme over marriage or private law solutions to regulating close personal relations. This registration scheme would provide “an orderly framework in which people can express their commitment to each other, receive public recognition and support, and voluntarily assume a range of legal rights and obligations.” This registration scheme could be open to relationships beyond conjugal ones. There could be many different models available to reflect different types of relationships. -They ask if a registration scheme could replace marriage entirely.
 * Marriage v. Registration**