Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
11. Pregnancy of wife by another man at time of marriage, unknown to
husband.
Limited divorces are not granted in this State.
CHAPTER XXVI.
DOMINION OF CANADA AND NEWFOUNDLAND.
The Dominion of Canada now consists of the Provinces of Alberta, British
Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Prince Edward
Island, Quebec and Saskatchewan, together with certain territories not as
yet included in any Province.
The Canadian Constitution, similar in principle to that of Great Britain,
is embodied in the British North America Act of 1867 (30 Vict. c. 3).
This act, which was passed by the Imperial Parliament, created the
federation now styled the Dominion of Canada, and assigned to the Dominion
Parliament power "to make laws for the peace, order and good government of
Canada, in relation to all matters not coming within the classes of
subjects by this act assigned exclusively to the Legislatures of the
Provinces."
One great distinction between the Canadian Constitution and the
Constitution of the United States of America is that powers not
specifically granted to the Provinces are reserved to the Dominion
Government, whereas under the American Constitution powers not
specifically granted to the Federal Government are reserved to the States,
or to the people.
Marriage and divorce are specifically set forth in the Canadian
Constitution as a branch of legislation exclusively within the control of
the Dominion Parliament, but although forty-three years have passed since
the act became operative the Dominion Parliament has so far enacted only
two statutes concerning the subject. The first act (May 17, 1882)
legalized the marriage of a man with his deceased wife's sister, and the
second (May 16, 1890) legalized the marriage of a man with his deceased
wife's sister's daughter.
The Dominion of Canada shares with Ireland the distinction of having no
law permitting a judicial decree of divorce.
However, by one clause of the British Act of North America there was
preserved in full force the laws and judicial system of the several
Provinces until the laws should be repealed or the courts abolished by
competent authority.
Consequently, four of the nine Provinces, namely, British Columbia, New
Brunswick, Nova Scotia and Prince Edward Island, have their individual
laws of divorce and divorce courts.
Of the eight millions of people living in Canada six millions have no
possibility of divorce except by a special act of the Dominion Parliament.
The Dominion Parliament has power to grant an absolute divorce for any
cause, but it never has done so except for adultery.
Divorce petitions or bills are, as a matter of practice, introduced first
in the Senate, where there is a standing committee to deal with them.
For the Provinces of Ontario, Quebec and Manitoba, and the Northwest and
other Territories, the Dominion Parliament is the only authority which can
grant an absolute divorce.
Public-domain text, read in full here on John Shaqi.
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