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Conference Materials, International Invitational Conference on Matrimonial and Child Support, 27-30 May 1981, Research Paper 14


This report is a summary of a conference held to discuss the results of Research Paper #13, Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved. The report includes four speeches given at that conference, viz.: “Paying of Maintenance in Sweden,” by Anders Agell; “Matrimonial Support Failures: Reasons, Profiles, and Perceptions of Individuals Involved, a Commentary,” by Judith Cassetty; “Maintenance in Britain,” by Colin Gibson; and “The Economics of Divorce: Social and Economic Consequences […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Other
FILE RPNo.14.pdf

October 3, 1982

Matrimonial Support Failures: Reasons, Profiles and Perceptions of Individuals Involved: Volume 1 Summary Report, Volume 2 Technical Reports, Research Paper 13


This report was created in order to aid the reform of the matrimonial and child support system in Alberta. Before its publication, there was little data regarding the reasons for failure in the (then) extant system. The report analyzes data from the Supreme Court (now Court of Queen’s Bench) in Edmonton and Calgary, the Family Courts in Edmonton, Calgary, Lethbridge, and Grande Prairie, door-to-door surveys of those involved with maintenance orders, and a study of […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.13.pdf

March 3, 1981

Family Relief, Final Report 29


This report was undertaken as part of ALRI’s studies on the reform of family law. The Family Relief Act provides for an award from an estate for the maintenance of the surviving spouse and a limited class of children. The maintenance must come from the net estate after payment of claims against the deceased. An eligible dependant may apply to the court within six months of the grant of probate or administration. There is provision […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr029.pdf

June 1, 1978

Administration of Family Law: The Unified Family Court: Constitutional Opinions, Research Paper 11


This paper comprises opinions by Professor W.R. Lederman, Q.C., and Professor P.N. McDonald, on the constitutional validity (at the time of publication) of a unified family court in Alberta, including both federally appointed and provincially appointed judges (i.e. judges appointed by the Governor General in Council and the Lieutenant Governor in Council). Professor McDonald’s opinion is actually comprised of a number of smaller opinions written in 1976 and 1977, which include responses to some other […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE RPNo.11.pdf

May 4, 1978

Status of Children, Final Report 13


The law distinguishes between persons born in wedlock and persons born out of wedlock. The distinctions are to the disadvantage of persons born out of wedlock, and that disadvantage should be removed. Insofar as it is practicable and beneficial to do so, this report places places the child born out of wedlock in as good a legal position as the child born in wedlock. In order to give effect to the principle of equal treatment […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr013.pdf
ENACTMENT

Substantially enacted, pursuant to the recommendations in Report 60 by the Family and Domestic Relations Statutes Amendment Acta, 1991, SA 1991, c 11 amending the Domestic Relations Act (now RSA 2000, c D-14, ss 50(1), 77-84); the Family Relief Act (now RSA 2000, c F-4, s 1(b)); and the Intestate Succession Act (now RSA 2000, c I-10, s 1(b)).

June 1, 1976

Consent of Minors to Health Care, Final Report 19


The general rule is that medical treatment can be given only with the consent of the patient. The age of majority in Alberta is eighteen years, but as one moves to lower ages, sixteen, fifteen, and so on the uncertainty of consent increases. A physician dealing with a minor is left in doubt as to when the patient can give a binding consent. Legislation is required to specify definitely the circumstances in which a minor […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr019.pdf

December 1, 1975

Matrimonial Property, Final Report 18


This is an extensive and large report regarding the feasibility of legislation that, upon dissolution of marriage, would give each spouse the right to an equal share in the assets accumulated during the marriage other than by gift or inheritance from outside sources. Three major proposals for change are judicial discretion, community of property, and deferred sharing. This report analyzes the committee’s majority and minority views on these proposals. Regarding judicial discretion, the law could […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr018.pdf
ENACTMENT

Matrimonial Property Act, SA 1978, c 22 (now RSA 2000, c M-8), enacting a combination of the majority and minority proposals for the distribution of matrimonial property, and an extension of the recommendations on possession of the matrimonial home.

August 1, 1975

Minors’ Contracts, Final Report 14


The common law governs minors’ contracts in Alberta and elsewhere in Canada outside of Quebec. The Legislatures have intervened only sporadically and have dealt only with matters of detail. This report recommends that the attached draft Act be enacted. The law needs to give to minors some protection from liability on their contracts and allow the courts broad discretionary power to do justice in cases of unconscionable contracts. The law should interfere with contracts only […]

AREA OF LAW Family Law
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FORMAT Publications
FILE fr014.pdf

January 1, 1975

Illegitimacy, Research Paper 10


At the time of publication, there was legal differentiation within Alberta based on a child’s “legitimacy” or lack thereof; in other words, whether the child was “the offspring of [a] stable union” or not. This paper assesses the law relating to the determination of “legitimacy” (at the time of publication), the effect legitimacy had on one’s legal standing in various situations, and possible approaches to reform with an eye to reducing the distinction between “legitimate” […]

AREA OF LAW Children Family Law
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FORMAT Publications
FILE RPNo.10-1.pdf

June 4, 1974

Joinder of Divorce Proceedings with other Causes of Action, Final Report 7


This report addresses the joinder of divorce proceedings with other causes of action between husband and wife. Section 2(g) of the Divorce Act, 1968, provides that “‘petition’ for divorce means a petition or motion for a decree of divorce, either with or without corollary relief by way of an order under section 10 or 11”. It can be argued that this definition effectively precludes any collateral issues being introduced in the petition for divorce and […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE fr007.pdf
ENACTMENT

Alberta Rules of Court, Rule 563(3), Alta. Reg. 315/71.

August 2, 1971