When you reside with another person in a spousal like relationship, you may end up creating legal rights and obligations, which must be resolved upon the breakdown of the relationship. These legal issues are often similar to those experienced by married couples, but with some important differences. For example, under some federal legislation, legal rights and obligations may arise between two people who have lived together in a spousal type relationship for more than one year. In contrast, in Alberta, the Family Law Act requires unmarried couples to have lived together in a relationship of interdependency for a period of three years before a spousal support obligation may arise. Another important difference is that, in Alberta, there is no legislation which dictates how property is to be divided when the common law relationship ends. In the case of married couples, property division upon marriage breakdown is governed by the Matrimonial Property Act the MPA. Under the MPA, property is divided generally equally without regard to who actually owns the property or whose money was used to purchase the property. The MPA does not apply to unmarried couples. Instead, the rules regarding property division are outlined in case law relating to equitable principles of unjust enrichment and constructive trust. These rules only require property to be divided if certain criteria are met.
Finding and Researching Cases
There will be a charge for this. An unreported decision or unreported judgment is the decision of a judge that has not been published in a case law reporter. Officials, Agencies, Boards, Commissions and Tribunals often make their decisions available through their own websites. Print Page. This guide is intended to help researchers locate cases and decisions and provide links to sources for Canadian Federal as well as Alberta and the other provinces and territories case law.
Alberta physiotherapists have the privilege of being a member of a self-regulated profession. This means the government outlines the rules in health care.
To help protect youth from sexual predators and to fight child sexual exploitation, which has become increasingly prominent in the age of the Internet, the Government of Canada has passed new legislation increasing the age of consent for sexual activity. From until recently, the age at which a youth could consent to nonexploitative sexual activity was 14 years 1. With the recent change to the criminal code of Canada, the age of consent for nonexploitative sexual activity is now 16 years.
Nonexploitative activity is defined as sexual activity that does not involve prostitution or pornography, and where there is no relationship of trust, authority or dependency between the persons involved 1. A coach, spiritual leader, teacher, school principal, guidance counsellor or family member are all examples of persons in a position of trust or authority with youth. For exploitative sexual activity prostitution or pornography, or where there is a relationship of trust, authority or dependency , the age of consent is 18 years.
The spirit of the new legislation is not to regulate consensual teenage sexual activity. To this effect, there are a few notable exceptions to the law:.
The topics in the Dial-A-Law series provide only general information on legal issues within the province of Alberta. The purpose is to make you aware of your legal rights and responsibilities. This is not legal advice. If you require legal advice, you should contact a lawyer. Cohabiting Relationships and Adult Interdependent Relationships are when two people choose to live together without getting married.
This guide is intended to help researchers locate cases and decisions and provide links to sources for Canadian Federal as well as Alberta and.
The professional touch of the massage therapist could be misinterpreted. A practicing MTAA member is required to create and maintain a safe and comfortable environment, inclusive of trust and mutual respect. The following guidelines define the boundaries of the professional client-practitioner relationship and specify appropriate verbal and physical interaction to maintain those boundaries. These guidelines are not all-inclusive, but will be used in the event that Disciplinary action is required.
The Professional Massage Practitioner: Will in no way allow or encourage any kind of sexual activity in their professional setting, be respectful of the therapeutic relationship and maintain appropriate boundaries. Will terminate the professional relationship prior to engaging in any sexual or romantic behavior. Treatment notes should indicate the discharge date of the professional relationship.
Is always responsible and liable for their actions, even if the client initiated the situation. Gives the client clear choice as to their state of dress under drape. Does not flirt with clients verbally or in any way create a flirtatious atmosphere.
What you need to know about real estate law before taking possession of your new home
The legal age of consent to sexual activity refers to the age at which the criminal law recognizes the legal capacity of a young person to provide such consent. This paper presents many of the offences in Canada related to the age of consent to sexual activity, as well as some of the legal issues connected with them.
Consent is not a defence, however, when, for example, it is obtained by use of threats or force or when a person is incapable of giving consent. One example is that of pornography. A number of other offences where the age of the victim determines whether that particular offence has been committed are set out below.
This is a hybrid offence, with a mandatory minimum sentence of imprisonment for one year upon indictment or six months upon summary conviction.
Statutory Rape in Canada is defined as any sexual contact with a person under the age of consent and refers to an adult touching children for.
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. In the immigration context, a common-law partnership means that a couple have lived together for at least one year in a conjugal relationship [ R1 1 ]. A common-law relationship exists from the day on which two individuals can provide evidence to support their cohabitation in a conjugal relationship. The onus is on the applicant to prove that they have been living common-law for at least one year before an application is received at CPC-M.
A common-law relationship is legally a de facto relationship, meaning that it must be established in each individual case, based on the facts. This is in contrast to a marriage, which is legally a de jure relationship, meaning that it has been established in law. Cohabitation means living together. Two people who are cohabiting have combined their affairs and set up their household together in one dwelling.
To be considered common-law partners, they must have cohabited for at least one year. This is the standard definition used across the federal government. It means continuous cohabitation for one year, not intermittent cohabitation adding up to one year. The continuous nature of the cohabitation is a universal understanding based on case law. While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on.
Youth and the Law in Alberta
It is then referred to as an Act, not a Bill. A law comes into force either upon proclamation or on a specified date, whichever is indicated in the Bill itself. If nothing is indicated in the Bill as to when it will come into force, then it comes into force immediately upon receiving Royal Assent. Information regarding proclamation dates can be obtained by calling the Legislative Counsel branch of Alberta Justice at These reports are updated within minutes of any vote on a Bill.
Further questions about the status of the Bill can be directed to bills assembly.
To this effect, there are a few notable exceptions to the law: and territories have child protection legislation with mandatory reporting laws for suspected cases.
Abuse and violence can take many forms: physical, psychological, verbal, financial. The resources in the following sections can help if you or someone you know is being treated badly. In the Workplace. In the Community. Not sure where to begin finding answers to your questions. Get started with our suggested resources. See additional resources below for more information. The purpose of this site is to provide plain language information about the law to victims of violence in intimate relationships and their supporters.
Willownet provides legal information that may help you if you are experiencing violence in a relationship. The site has information that is helpful on: facts about abuse, effects of relationship violence, what the law says about abuse, leaving the relationship safely safety plan , taking your kids with you, pets, Protective Orders EPOs, QBPOs and going to court.
The site also provides links to other family violence resources. This kit has been designed for landlords, property managers and anyone else who works on-site or has access to residential rental units. It will help you understand the role you can play in preventing domestic violence on your premises. It also provides basic information on dealing with domestic violence when it does occur.
Separation and Divorce
Updated daily , with over Canadian higher court cases added each month. Important Canadian case law can often be reported in different series and publications. View the most cited paragraph of a case, visually identify good law, and find important related cases with vLex Justis’ advanced technology. The largest collection of UK superior court judgments online, including both reported and unreported content dating back further than any other provider.
In Alberta, there is formal legislation on bullying and cyberbullying under the School Act. The legislation is a commitment of the school community to ensure a welcoming, caring, respectful and safe learning environment. The legislation specifically prohibits students from bullying others in school, during the school day or by electronic means cyberbullying. Students have an obligation to report bullying behaviour, including cyberbullying. Furthermore, school boards must establish a code of conduct for students that addresses bullying behaviour.
For more details on cyberbullying legislation, including federal legislation, please visit: Legal Consequences of Cyberbullying. Section 28 of the Act authorizes two kinds of private schools to operate in Alberta: registered private schools and accredited private schools. Both registered and accredited private schools are subject to ministerial regulation. This means the Minister may make regulations respecting private schools and so the same responsibilities that public schools owe to maintain a safe and inclusive environment also apply to private schools.
Charter schools, which are specialized non-profit public schools, are bound by the same laws and regulations as standard public schools. Schools, public or private school boards, parents, teachers, students, and ministries are all responsible for creating safe environments where everyone is treated with respect. This includes modelling kindness and other anti-bullying behaviours, reporting any problems at school to the teacher as soon as possible, and maintaining positive and respectful communication with teachers and other school staff.
Sexting: Privacy and the law
The subject who is truly loyal to the Chief Magistrate will neither advise nor submit to arbitrary measures. This article was published more than 10 years ago. Some information in it may no longer be current. When it comes to sex, 16 is the new
Written court decisions or judgments can be found online and/or in print law reports. For most provinces, decisions from about the lates.
Court decisions may also be referred to as judgments, reasons for judgment, or reasons. These are different than court orders which are generally only available directly from the court that issued the order and not available online. Note that not every decision is reported or formally published, some are delivered orally. Reasons for judgment can be delivered immediately or reserved, when reserved the matter will be considered before the judge issues the judgment either in writing or orally.
The official version of the reasons for judgment is the signed original or handwritten endorsement in the court file. If there is a question about the content of a judgment, the original court file takes precedence. Alberta Labour Relations Board This website includes decisions of the Board from , with some earlier decisions dating back to Alberta Energy Regulator.
Assessing a common-law relationship
Physicians should be guided by legislation in each province and territory on their duty to report such activity to the appropriate authorities if there are reasonable grounds to believe the child is being abused. A member-physician called the CMPA asking if he had a duty to report the following situation to the police or to the child protection agency:. A year-old school girl requested a prescription for the birth control pill.
She revealed that she was sexually active with several boyfriends who are not using condoms, and that her current boyfriend is 27 years old. He is neither a teacher nor a coach, and is not in a position of authority.
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