Earlier this week, a ground-breaking decision was released that involved our very own Marta Siemiarczuk. Marta assisted two women in a non-romantic relationship to apply to adopt a foster child in their care. She successfully argued that this law is discriminatory and infringed their rights guaranteed under section 15 of the Charter.
The law is getting better at acknowledging and protecting family configurations that range beyond the nuclear, such as single parents and same-sex parents. However, there are some family units that the law has been slow to recognise. A case before the Newfoundland and Labrador Supreme Court looked at three adults in a polyamorous relationship.
The Family Law Practice Group at Nelligan O’Brien Payne LLP is pleased to announce two new members of the team, associate lawyers Ira Marcovitch and Emma Costain.
A recent Supreme Court of Canada case, Ewert v. Canada, found that some of the risk assessment tests employed by Canada’s prison system may in fact discriminate against Indigenous prisoners. The Canadian Association of Elizabeth Fry Societies (CAEFS) and the Native Women’s Association of Canada intervened on this case at the Supreme Court of Canada. Pam MacEachern and Natasha Chettiar represented CAEFS on a pro bono basis.
It is estimated that around 16 per cent of couples in Canada experience infertility, and more and more people are turning to assisted reproduction to form their families. This can bring with it a whole raft of new legal issues. A recent precedent-setting case by the Ontario Superior Court of Justice, S.H. v. D.H., looked… Read more »
A growing senior population also means a growing number of vulnerable people. It’s an unfortunate reality that the elderly are often the victims of abuse. This can range from emotional abuse and manipulation, to financial abuse and sometimes even physical abuse. It is up to family members and friends to be on the lookout for any kind of elder abuse. Here are some red flags you should be aware of.
What is Bill C-404 and what changes does it propose to surrogacy in Canada? In our latest Family Law blog post, Erin Lepine looks at the Bill and the repercusions for the governance of reproduction.
What is Bill C-78 and how does it update divorce law in Canada? Our latest Family Law blog post looks at the introduction of this bill, and what changes it proposes to family law legislation.
We are proud to announce that Pam MacEachern has been appointed to the Ontario Superior Court of Justice! She will be presiding in the Family Court here in Ottawa.
Family and Fertility lawyer Erin Lepine has written an article for the latest issue of Law Times, called “Stop the commercialization of surrogacy”. The article discusses the push by Anthony Housefather, chair of the House of Commons justice committee, to decriminalize payment in surrogacy, egg donation and sperm donation arrangements in Canada. Erin argues that the commercialization of surrogacy would violate a number of core Canadian values.