de facto spouses

February 17, 2013

Can’t Compel

In “Law Like Love,” W.H. Auden wrote that “we can’t compel” love. He was right of course, and not only in the sense he meant. So holds―without reference to Auden―a decision of the Ontario Superior Court of Justice, R. v. Hall, 2013 ONSC 834. At issue the constitutionality of the exclusion of common law spouses Continue reading

Constitutional law, Criminal Law/Policy

Charter, de facto spouses, equality, marriage, witness
January 27, 2013

Vive la Différence!

It was a long time in coming, but the Supreme Court has finally delivered its ruling regarding the constitutionality of Québec’s (absence of) legal regime for de facto (a.k.a. common law) couples. The dispute pitted a wealthy businessman, identified by the Supreme Court as “B”, against his former common law spouse (and mother of his Continue reading

Constitutional law, Constitutional Theory

Éric c. Lola, de facto spouses, discrimination, equality, judicial review, marriage, status