canada
Introduction to the legal system
|
Acknowledgment and declaration of paternity |
Adoption of minors |
Custody, visitation rights, abduction and return of minors
|
Maintenance obligations in favor of minors and other
family members |
Traffic in, sale of, and other
forms of abuse of women and minors, including sexual
abuse
Introduction to the legal system
Description
Introduction to the legal system of Canada
Overview of the regulation of family and minors in
Canada
Fundamental texts
Consolidation of Constitution Acts 1867 to 1982
Canadian Charter of Rights and Freedoms
Canada Evidence Act
Civil Marriage Act, S.C. 2005, c. 33
Divorce Act and Divorce Act regulations
(particularly the Federal Child Support
Guidelines)
Criminal Code
Family Orders and Agreements Enforcement
Assistanc Act
Garnishment, Attachment and Pension Diversion
Act
Bilateral treaties entered into by the country in family and child law
Agreement Between the Government of Canada and the Government of the Arab Republic of Egypt regarding Cooperation on Consular Elements of Family Matters, July 23, 1997
Agreement Between the Government of Canada and the Government of the Lebanese Republic regarding Cooperation on Consular Matters of a Humanitarian Nature
Multilateral agreements that the country is a party to in family and child law
Canada is party to two multilateral private
international law conventions related to family and
child law:
Convention on the Rights of the Child (United Nations)
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague)
Canada is also a party to:
Convention on the Civil Aspects of International Child Abduction (Hague)
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Convention on the Elimination of All Forms of Discrimination against Women
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
Designated authority for the Network
Acknowledgment and declaration of paternity
General
Acknowledgment and declaration of paternity in Canada
Legislation
Bilateral treaties
Multilateral
agreements
Jurisprudence
Other documents of
interest
Adoption of minors
General
Regulation of the adoption of minors in Canada
Legislation
Immigration and Refugee Protection Act [2001, c. 27];
Immigration and Refugee Protection Regulations [SOR/2002-227]
Citizenship Act [C-29]
Citizenship Regulations [SOR/93-246]
Bilateral treaties
Multilateral agreements
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague)
Competent authorities
Minister of Human Resources and Skills Development Canada, represented by Inter-Country Adoptions Services
Jurisprudence
Other documents of interest
Custody, visitation rights, abduction and return of minors
General
Regulation of custody, visitation rights, abduction and
return of minors in Canada
Legislation
Divorce Act
Criminal Code (sections 280 to 283)
Model Parental Child Abduction Charging Guidelines
Bilateral treaties
Agreement Between the Government of Canada and the Government of the Arab Republic of Egypt regarding Cooperation on Consular Elements of Family Matters, July 23, 1997
Agreement Between the Government of Canada and the Government of the Lebanese Republic regarding Cooperation on Consular Matters of a Humanitarian Nature
Multilateral agreements
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague)
Competent authorities
Justice Legal Services (JUS)
Jurisprudence
Other documents of interest
Maintenance obligations in favor of minors and other family members
General
Regulation of maintenance obligations in favor of minors
and other family members in Canada
Legislation
Divorce Act and Divorce Act regulations (particularly the Federal Child Support Guidelines)
Family Orders and Agreements Enforcement Assistance Act and FOAEAA regulations
Garnishment, Attachment and Pension Diversion Act and GAPDA regulations
Bilateral treaties
Canada is not a party to bilateral treaties on maintenance
obligations
Individually, provinces and territories have bilateral arrangements with a number of countries or states within other countries for the purposes of enforcing foreign support orders. These arrangements do not constitute bilateral treaties.
A list of existing bilateral arrangements may be found at
http://www.justice.gc.ca/eng/pi/fcy-fea/sup-pen/enf-exe/ov-ap.html#list
See questionnaire completed by the province of
Saskatchewan
Multilateral
agreements
Competent
authorities
Jurisprudence
Other documents of
interest
Traffic in, sale of, and other forms of abuse of women and minors, including sexual abuse
General
Protection against traffic in, sale of and other forms
of abuse against women and minors, including sexual
abuse, in Canada
Legislation
Criminal Code
Bilateral treaties
Multilateral
agreements
United Nations Convention against Transnational Organized Crime
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
Convention on the Elimination of All Forms of Discrimination against Women
Convention on the Rights of the Child (United Nations)
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Competent
authorities
Jurisprudence
Other documents of
interest