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I’m Proud of PRIDE as Toronto Family Lawyers

Published: July 2, 2014

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I’m Proud of PRIDE as Toronto Family Lawyers

As one of the Toronto family lawyers, I was proud this week:

This past week, Toronto was host to WorldPride for the first time, culminating a 34 year tradition of local Pride celebrations. Also this past week, my cousin and his husband became parents and welcomed a healthy and happy 9 pound 7 ounce baby boy to their family. A few weeks ago, in June, Ontario elected an openly gay premiere. These events in quick succession have made me reflect. Have made me proud to be a Canadian, a Torontonian and a family lawyer. And it made me realize how far we have come.

It was not so many years ago that gay marriage was not legal in this province or in this country. In June of 2003, I was in the crowd of Toronto family lawyers sitting vigil at the Ontario Court of Appeal when in the landmark decision in the case of Halpern v. Canada (Attorney General) was released. In that groundbreaking decision, the Ontario Court of Appeal held that gays and lesbians had the right to marry. The common law definition of marriage was found to violate the equality of same sex couples under the Charter of Rights and Freedoms in a manner that could not be justified in a free and democratic society. The Court redefined marriage as the voluntary union for life of two persons to the exclusion of all others. And the walls came tumbling down. In the summer of 2005, the Civil Marriage Act became law, providing for a gender-neutral definition of marriage, as opposed to consigning same sex partners to the (oft considered lesser) state of civil unions. Canada became the fourth nation to enact legislation recognizing same sex marriage, behind the Netherlands, Belgium and Spain.

Since 2003, couples from all over the world have been welcomed in Ontario, and Toronto, to join in legal matrimony. This past week, a mass wedding at Casa Loma saw 110 couples from all over the world say I do. We heard from many whose countries of origin say no, you don’t. Countries like Venezuela, Korea, Taiwan, Russia, Nicaragua and even Australia, where same sex marriage is not yet recognized. Hearing their stories has made Canadians thankful for the human rights we enjoy and the freedom we have to love who we love, without fear of persecution. So in anticipation of Canada Day tomorrow: thank you Canada. Keep up the good work. From all your friendly Toronto family lawyers and beyond!

PHOTOGRAPHY BY PAUL BICA

Written by Jennifer Shuber

Senior Lawyer

Certified specialist Jennifer Shuber is a senior lawyer and accredited mediator at Gelman & Associates who handles high-conflict and high-net-worth family law matters with practical, cost-effective legal guidance.

Frequently Asked Questions - marriage & common law

A common law marriage relationship arises when two people have been living together in a conjugal relationship for three years. If the couple has a child this length of time is cut to one year. Society recognizes this relationship as a marriage for legal and taxation purposes.

Canada is suitable for families because employees are encouraged by their employers to have a healthy work-life balance, and this gives the parents the liberty to spend more time with their children.

The legal impacts of being in a common-law relationship differ depending on where you live in the country. In British Columbia and Alberta, when a relationship ends, the rules on dividing assets are similar to the rules that apply in a divorce.
Meanwhile, in Quebec, people part of a common-law relationship have no obligations toward each other. Each party may leave with their own property.

Common-law spouses are not required to equalize property after a separation, so there is less risk of losing any inheritance you may receive. However, spouses may still sue one another under equitable remedies, so it is still best to take precautions to protect your inheritance.

Canada has allowed same-sex marriage for roughly 17 years already. The Canadian Parliament passed legislation making same-sex marriage legal nationwide in 2005.

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