YEAR/ANNÉE 2007
The Application of Family Law to
Non-traditional Relationships: Ozzie & Harriet
Do No Live Here. Co-chairs: Susan J. Heakes, Kelly D. Jordan.
Toronto,
Continuing
Legal Education, Law Society of
(1 v. (various pagings))
Broader than scope of this list.
Ref.: AMICUS catalogue record no. 33689506, which gives title
as worded above and in which one applied descriptor is Gay couples –
Legal
status, laws, etc. –
Bouchard, Donna.
“The Three-parent Decision (Case
comm.). ”
(2007): 459-478.
Case: A. (A.) v. B. (B.) 35 R.F.L. (6th) 1
Ref.: Index to Canadian Legal Literature
Bowal, Peter, and Campbell, Carlee.
“The Legalization
of Same Sex Marriage in
Family Law 21(2) (Summer 2007): 37+ (5 pages)
Ref.: LegalTrac index.
Compiler note: Provides good brief overview of Civil Marriage Act and
of the years of events leading to passage of the Act. Endnotes provide
many legal citations to documents mentioned.
Boyd, Susan B.
“Gendering Legal Parenthood: Bio-genetic Ties, Intentionality and
Responsibility.” Windsor Yearbook of Access to Justice 25 (2007): 63-94.
Ref.: Index to Canadian Legal Literature, which applies Gay parents
and Lesbian mothers as two of the several descriptors.
Between Attorney General of
Appeal and George Hislop, Brent E. Daum, Albert
McNutt, Eric Brogaard and
Gail Meredith,
Respondents/Appellants on Cross-Appeal and Attorney General
of
Canada, Inc., Interveners. Coram: McLachlin C.J. and Bastarache, Binnie, LeBel,
Deschamps, Abella and Rothstein JJ.
See electronic version:
http://scc.lexum.umontreal.ca/en/2007/2007scc10/2007scc10.html (viewed
Issue concerning Canada Pension Plan and same-sex couple survivor
benefits.
Heard: Supreme Court of
Canada,
Docket 30755.
Heard on appeal from the Ontario Court of Appeal (its judgement of
See further
reference, under LAW- YEAR 2003,
which cites the
Superior Court of
Justice decision, which was then appealed to the
Court of Appeal and thence to the Supreme Court of Canada.
As
of
to the decision and the existence of a deadline for application as a result of
the Supreme Court of Canada’s decision. This is equivalent to a single
printed sheet and is titled “Same Sex CPP Survivor’s Pension: Notice of
Individual Participation Required, Court Ordered Deadline” and is
electronically posted at:
http://www.servicecanada.gc.ca/en/sc/cpp/survivor/pdf/notice_court_eng.pdf
(Some brief background: Following a Supreme Court of Canada
decision of 1999 in M. v. H., the
federal government amended
Pension Plan provisions in 2000 to provide same-sex partners with survivor
benefits. Various time limits regarding benefits were imposed by decisions
and judgments between that time and the hearing by the Supreme Court of
user can retrieve at the electronic address above).
The interested user will wish to both confirm and expand on the compiler’s
comments given above by means of further examination of sources.
Ceballos, Arnold.
“Secret Same-sex Lover Loses Claim for Spousal Rights.” Lawyers Weekly
[
Case: Chowdhury v. Argenti Estate 75 B.C.L.R. (4th) 276.
Ref.: Index to
Canadian Legal Literature.
Chambers, Lori.
“Unprincipled Exclusions: Feminist Theory, Transgender Jurisprudence, and
Kimberly Nixon.” Canadian Journal of Women and the Law 19(2)
(Summer 2007): 305-334.
Ref.: CPI.Q index.
Clarke, Paul T.
“Understanding Kempling v. British Columbia College of Teachers through
Multiple Discourses on Freedom of Expression.” Education and Law Journal
17(1) (July 2007): 1-35.
Fainstein, Lisa K.
SEE “Rights of Common Law…” entry itemization, below, LAW – YEAR 2007.
Francis, Amy.
SEE “Rights of Common Law…” entry itemization, below, LAW – YEAR 2007.
Golding, Nancy L.
SEE “Rights of Common Law…” entry itemization, below, LAW – YEAR 2007.
Harding, Rosie.
“Sir Mark Potter and the Protection of the Traditional Family: Why Same Sex
Marriage Is (Still) a Feminist Issue.” Feminist Legal Studies 15(2)
(August 2007): 223-234.
This is a
Two British professors, Celia Kitzinger and Susan Wilkinson, married
in
British High Court refused petitioner Susan Wilkinson’s application for
declaration of her marital status and found that “their valid Canadian
marriage
is, in
Ref.: CSA Sociological Abstracts.
Hennigar, Matthew.
“The Unlikely Union of Same-sex Marriage, Polygamy and the Charter [Canadian
Charter of Rights and Freedoms] in Court.” Constitutional Forum 16(2)
(Fall 2007): 89-100.
Ref.: Index to Canadian Legal Literature.
Hunter-Henin,
Myriam.
“Unions
de même sexe au Canada et au Royaume-Uni.” Revue de la common
law en français
[Université de Moncton] 9 (2007) : 85-113
The British legislation of concern here is the Civil Partnership Act, 2004.
Ref.: Index to Canadian Legal Literature
Kay, Sarah A. E.
SEE “Rights of Common Law…” entry itemization, below, LAW – YEAR 2007.
Kelly, Fiona Jane.
“Transforming Law’s Family: The Legal Recognition of Planned Lesbian
Families.” Ph.D. thesis, University of British Columbia, 2007.
“…addresses the legal issues raised by lesbian motherhood, focusing
primarily on legal parentage. It considers the terms upon which
parental recognition has been achieved thus far….”
Ref.: AMICUS catalogue record no. 33825636, which provides
URL links and an abstract.
Khan, Ummni.
“Perpetuating the Cycle of Abuse: Feminist (Mis)use of the Public/Private
Dichotomy in the Case of Nixon v. Rape Relief.” Windsor Review of Legal
and Social Issues 23 (June 2007): 27-53
Concerning the Vancouver case, additional references to which are found
elsewhere in the list.
Ref.: Index to Canadian Legal Literature
Lafferty,
“Religion, Sexual Orientation and the State: Can Public Officials Refuse to
Perform Same-sex Marriage?” Canadian Bar Review 85(2) (Jan. 2007): 287-316.
LaViolette, Nicole.
“Dad, Mom -- And Mom: The Ontario Court of Appeal’s Decision
in A.A. v. B.B. (Case comm..).” Canadian Bar Review 86 (2007): 665-689.
Ref.: Index to Canadian Legal Literature, which notes case:
A. (A.) v. B. (B.) 83 O.R. (3d) 561 and applies descriptor Lesbians –
Legal status, laws, etc. – Cases.
Lomaga, Adrian.
“Are Men Who Have Sex with Men Safe Blood Donors?” Appeal: Review of
Current Law and Law Reform [University of Victoria, Faculty of Law] 12 (2007):
73-89.
Ref.: Index to Canadian Legal Literature
Luhtanen, Melissa L.
“Domestic Violence in Same-sex Relationships. ” Law Now [Edmonton] 31(3)
(January 2007): 18-19.
Matthews, Timothy C.
SEE “Rights of Common Law…” entry itemization, below, LAW – YEAR 2007.
Nakonechny, E. Llana.
SEE “Rights of Common Law…” entry itemization, below, LAW – YEAR 2007.
Ogilvie, M. H.
“Gender Discrimination Forbidden: From the Glens of Angus to a Church near
You.” Canadian Bar Review 86(2) (Dec. 2007): pagination not known.
Article broader in scope than that of this bibliography.
CBCA index notes that this is a literature review. Concerns clergy
and their employment status in law. “Sexual orientation” is only one
of six descriptors applied by the indexing service.
“Rights of Common Law or
‘De Facto’ Spouses on Death in
by Marni M.K. Whitaker. Estates, Trusts & Pensions Journal 26(4)
(September 2007): 331-400.
“…series of eight articles [plus Whitaker’s own two contributions]
examines the manner in which common law spouses (referred to as ‘de
facto’ spouses in
law spouses under the provincial and territorial family and succession laws
of the ten provinces and three
territories in
the jurisdictions are substantial….It should be noted that, in all provinces
and territories…there is no difference between the treatment accorded to
opposite-sex common law spouses and to same-sex common law spouses”
– Introduction, by Marni M.K. Whitaker, p. 331.
NOTE: The articles in this set are collected below and presented in the
order in which they appear in the journal. A brief SEE reference is
given from individual lead authors to the entry of this collective reference.
“Introduction,” by Marni M.K. Whitaker, p. 331;
“Conjugal Succession Rights in Atlantic
Matthews, pp. 332-342;
“Conjugal and Non-conjugal Succession Rights in
Nancy L. Golding, pp. 343-347;
“Rights
of ‘De Facto’ Spouses in
Piccini Roy and Michael Patry, pp. 348-355;
“Conjugal
Succession Rights in the
by Sarah A.E. Kay, pp. 356-365;
“Rights
of Common Law Spouses in
Nakonechny, pp. 366-373;
“Conjugal Partners and Succession Rights in
Fainstein, pp. 374-382;
“Conjugal
Succession Rights in
and Sarah M. Buhler, pp. 383-390;
“Conjugal
Succession Rights in
Amy Francis, pp. 391-398;
“Entitlement of Common Law Spouses,” by Marni M.K. Whitaker,
pp. 399-400 (this Whitaker work is a concise tabulation presenting,
for each province and territory, information re “dependent’s
relief,” “property division,” and “intestacy.”)
Roy, Marilyn Piccini.
SEE “Rights of Common Law…” entry itemization, above, LAW – YEAR 2007.
Schorno,
Deborah Anna.
“Procréation
assistée et filiation : enjeux et solutions en Suisse et au Québec.”
LL.M.
thesis (Option biotechnologies), Université de
Montréal, 2007.
(ca. 126 f.)
Ref. : AMICUS catalogue record no. 33799121, which notes that an
English summary is included in the thesis.
Shariff, Shaheen.
“Cyber-libel and Cyber-bullying: Can Schools Protect Student Reputations
and Free-expression in Virtual Environments?” Education and Law Journal
16(3) (March 2007): 307-342.
One of several descriptors applied to the CBCA index record is
“sexual orientation.” Review of law to help schools
address cyber-bullying -- CBCA abstract.
Trotter, Geoffrey.
“The Right to Decline Performance of Same-sex Civil Marriages: The Duty to
Accommodate Public Servants: A Response to Professor Bruce MacDougall.”
NOTE: MacDougall paper (Sask. L.R. 69, pp. 351-373) listed under
YEAR 2006 in Law section.
Ref.: Index to Canadian Legal Literature.
Walen, Gregory G.
SEE “Rights of Common Law…” entry itemization, above, LAW – YEAR 2007.
Whitaker, Marni M. K.
SEE “Rights of Common Law…” entry itemization, above, LAW – YEAR 2007.