Because of the rules set out in the ''Constitution Act, 1867'', that we talked about earlier in this section, the federal government has the sole authority to make laws on the following subjects:
#*marriage;,#*divorce;,#*parenting children; , and,#*spousal support and child support.
Because of the same statute, provincial governments have exclusive authority to make laws dealing with these subjects:
#*the formalities of the marriage ceremony;,#*spousal support and child support;,#*guardianship and parenting children;,#*the division of property and debt;,#*adoption;,#*children's welfare; , and,#*naming and changing names.
To further complicate things, the Provincial Court and the Supreme Court can make orders about some of the same ''subjects'', but not all, and under some of the same ''legislation'', but not all. In family law proceedings, the Provincial Court can only deal with applications involving the following subjects:
#*guardianship and parenting children under the ''Family Law Act'';-,#*moving away, with or without children, under the ''Family Law Act'';,#*spousal support and child support under the ''Family Law Act''; , and,#*orders for the protection of people under the ''Family Law Act''.
The Supreme Court, on the other hand, can deal with all of these subjects and everything else, including divorce:
#*divorce under the ''Divorce Act'';,#*determining the parentage of children under the ''Family Law Act'';,#*guardianship under the ''Family Law Act'', and parenting children under both the ''Divorce Act'' and the ''Family Law Act'';,#*managing children's property under the ''Family Law Act'';,#*moving away, with or without children, under both the ''Divorce Act'' and the ''Family Law Act'';,#*spousal support and child support under both the ''Divorce Act'' and the ''Family Law Act'';,#*dividing property and debt under the ''Family Law Act'';,#*orders for the protection of people under the ''Family Law Act''; , and,#*orders for the protection of property under the ''Family Law Act''.
As you can see, if you wish to make claims about divorce, determining the parentage of a child, managing children's property, dividing property and debt, or protecting property, you must make your application to the Supreme Court. Otherwise, you can make your claim in either court.