Unit 4: Family Law

CHAPTER 13: MARRIAGE, DIVORCE, AND FAMILY MEDIATION

E-ACTIVITY: LEGAL CHALLENGES TO MARRIAGE LAWS (p. 398)

Activity: Report on Legal Challenges to Marriage Laws

Recently in Canada, people have been challenging the country’s marriage laws with questions such as “How do we define ‘spouse’?” and “Do same-sex partnerships qualify as legal marriages in Canada?” What legal challenges are currently before the courts?

Write a report highlighting current legal challenges to marriage laws.

1. Visit the Web site of EGALE and research the current challenges before the courts with respect to marriage laws. Consult the following EGALE press releases or fact sheets for your research.
   
   • EGALE press release from 2001 on same-sex marriage challenges
   • EGALE press release on Ontario judgment of Halpern v. Canada by choosing “press releases” and the July 12, 2002 release
   • EGALE Fact Sheet on the Ontario Superior Court of Justice’s July 12, 2002 decision regarding same-sex marriages
   • EGALE press release on the Income Tax definition of spouse extended
   • EGALE press release on the Pension Benefits Act declared unconstitutional
     
     

   Also, view the Canadian Human Rights Commission document regarding the July 2002 ruling.

   Finally, you might search CBC news articles using the keywords "same sex marriages."

2. Based on your findings, write a report summarizing and commenting on the challenges. Use the following checklist to help you develop your report.

   Click here if you would like to download the checklist.
   

   Research Report Checklist

   • Have I included sufficient information from outside sources, in the form of facts, ideas, legal concepts, and so on?
   
   
   • Have I included information that is clear, concise, and accurate?
   
   
   • Have I used all the steps in the legal inquiry process, that is, focus, identify sources, formulate, research, organize, answer, and communicate?
   
   
   • Have I taken into account different points of view and bias in sources?
   
   
   • Have I formulated an introduction that engages the reader?
   
   
   • Have I formulated an introduction that explains what the report is about?
   
   
   • Have I formulated a conclusion that summarizes the main points of the report clearly and effectively?
   
   
   • Have I ensured that the overall organization is effective, for example, with transitions within and among an introduction, a body, and a conclusion?
   
   
   • Have I included graphs and charts that are clear and correct?
   
   
   • Have I used language conventions that are accurate and effective?
   
   
   • Have I ensured that my footnotes and bibliography follow the correct style?