Difference between revisions of "Further Topics and Overlapping Legal Issues in Family Law"

[[Aboriginal Families]]{{·}}[[Immigrants and Family Law]]{{·}}[[Same Sex Relationships and Issues Affecting Transgendered and Transsexual People]]{{·}}[[Naming and Changes of Name]]{{·}}[[Wills and Estates Issues in Family Law]]{{·}}[[Conflict of Laws]]

While family law has evolved to treat many minority groups, such as same sex couples, in the same way as it treats the majority, this is not always true. People are sometimes subject to different laws in certain circumstances.  

The resource you're reading has been updated to explain and recognize some of the ways laws apply differently to specific communities. Parts of this chapter deal with further topics unique to [[Aboriginal Families|Aboriginal families]] and/or those living on reserves, [[Immigrants and Family Law|newcomers to Canada]] and those who support or rely on them, and [[Same Sex Relationships and Issues Affecting Transgendered and Transsexual People| the LGBTQ community]].

Not too long ago, this resource had an entire chapter about the particular issues affecting those in same sex relationships. A stand-alone chapter for same sex relationships, however, is no longer necessary.  

For the last 30 years or so, there has been a steady erosion of legislated discrimination between opposite- and same sex relationships. While gays and lesbians may have to deal with homophobia and intolerance in their day-to-day lives, at least the discrimination that used to exist because of legislation has been on the wane. From the [http://canlii.ca/t/5239 Little Sisters decision] on censorship to ''[http://canlii.ca/t/1frkt Egan v. Canada]'', [1995] 2 SCR 513 on spousal benefits, the courts of Canada have proven increasingly willing to extend the protection of the ''[http://canlii.ca/t/8q7l Charter of Rights and Freedoms]'' to overturn discriminatory legislation and, after some initial resistance, the governments of Canada have followed <span class="noglossary">suit</span>.

This said, legal uncertainty exists for people who are trans or gender non-binary, at least in some contexts. The section on ''[[Same Sex Relationships and Issues Affecting Transgendered and Transsexual People#Issues affecting transgendered and transsexual people|Issues affecting transgendered and transsexual people]]'' discusses some of the difficulties that the law has in serving people who traverse the gender spectrum.