Chartier V. Chartier
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Chartier V. Chartier
''Chartier v Chartier'', 1999 1 S.C.R. 242 is a leading Canadian case decided by the Supreme Court of Canada on the legal role of step parents in a marriage. The Court held that a step parent who is found to be in loco parentis cannot unilaterally withdraw from the family relationship. Background In 1991, Gerald Chartier married to Sharon Chartier, with whom he had been in a relationship since 1989, and with whom he had a daughter, Jeena, who was born a year prior. At the time of their marriage, Sharon also had a second daughter, Jessica, from a previous relationship.''Chartier v. Chartier'', 1 SCR 242 at para. 1 (LexUM). Gerald had helped care for the child and took on the role a father. The couple "discussed, but did not proceed with, the husband’s adoption of Jessica though they "did amend Jessica’s birth registration to indicate, falsely, that the husband was Jessica’s natural father and to change her name to his." In May of 1992, the couple separated, and did so perm ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ...
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Step Parent
A stepfamily is a family where at least one parent has children that are not biologically related to their spouse. Either parent, or both, may have children from previous relationships or marriages. Two known classifications for stepfamilies include "simple" stepfamilies, where only one member of the family's couple has a prior child or children and the couple does not have any children together, and "complex" or "blended" families, where both members of the couple have at least one pre-existing child. Etymology The earliest recorded use of the prefix ''step-'', in the form ''steop-'', is from an 8th-century glossary of Latin-Old English words meaning " orphan". is given for the Latin word and for . Similar words recorded later in Old English include , , and . The words are used to denote a connection resulting from the remarriage of a widowed parent and are related to the word meaning 'bereaved', with and occasionally used simply as synonyms for ''orphan''. Words such ...
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In Loco Parentis
The term ''in loco parentis'', Latin for "in the place of a parent" refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law, the doctrine is applied in two separate areas of the law. First, it grants educational institutions such as colleges and schools discretion to act in the best interests of their students, although not allowing what would be considered violations of the students' civil liberties. Second, this doctrine may allow a non-biological parent to exercise the legal rights and responsibilities of a biological parent if they have held themselves out as the parent. The ''in loco parentis'' doctrine is distinct from the doctrine of ''parens patriae'', the psychological parent doctrine, and adoption. Situation specific Boarding schools Caretakers and management of a boarding school have the duty of care in place of the parent. Education Primary and ...
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1991
File:1991 Events Collage.png, From left, clockwise: Boris Yeltsin, elected as Russia's first president, waves the new flag of Russia after the 1991 Soviet coup d'état attempt, orchestrated by Soviet hardliners; Mount Pinatubo erupts in the Philippines, making it the second-largest volcanic eruption of the 20th century; MTS Oceanos sinks off the coast of South Africa, but the crew notoriously abandons the vessel before the passengers are rescued; Dissolution of the Soviet Union: The Soviet flag is lowered from the Kremlin for the last time and replaced with the flag of the Russian Federation; The United States and soon-to-be dissolved Soviet Union sign the START I Treaty; A tropical cyclone strikes Bangladesh, killing nearly 140,000 people; Lauda Air Flight 004 crashes after one of its thrust reversers activates during the flight; A United States-led coalition initiates Operation Desert Storm to remove Iraq and Saddam Hussein from Kuwait, 300x300px, thumb rect 0 0 200 ...
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1989
File:1989 Events Collage.png, From left, clockwise: The Cypress structure collapses as a result of the 1989 Loma Prieta earthquake, killing motorists below; The proposal document for the World Wide Web is submitted; The Exxon Valdez oil tanker runs aground in Prince William Sound, Alaska, causing a large oil spill; The Fall of the Berlin Wall begins the downfall of Communism in Eastern Europe, and heralds German reunification; The United States invades Panama to depose Manuel Noriega; The Singing Revolution led to the independence of the Baltic states of Estonia, Latvia, and Lithuania from the Soviet Union; The stands of Hillsborough Stadium in Sheffield, Yorkshire, where the Hillsborough disaster occurred; Students demonstrate in Tiananmen Square, Beijing; many are killed by forces of the Chinese Communist Party., 300x300px, thumb rect 0 0 200 200 1989 Loma Prieta earthquake rect 200 0 400 200 World Wide Web rect 400 0 600 200 Exxon Valdez oil spill rect 0 200 300 400 1989 Tian ...
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1992
File:1992 Events Collage V1.png, From left, clockwise: Riots break out across Los Angeles, California after the police beating of Rodney King; El Al Flight 1862 crashes into a residential apartment building in Amsterdam after two of its engines separate from the aircraft; Ambulances take victims of the Khojaly massacre in Azerbaijan away; The Breakup of Yugoslavia, which had started the year prior, officially becomes complete, creating the countries shown in its place; Somali children wait for food aid during the 1992 famine in Somalia; The Maastricht Treaty is signed, making it the foundational document of the European Union; The 1992 Summer Olympics are held in Barcelona; The Executive Council Building in Sarajevo burns after being hit by tank fire - the ongoing ethnic and national conflicts amid the Breakup of Yugoslavia culminate into the Bosnian War., 300x300px, thumb rect 0 0 200 200 1992 Los Angeles riots rect 200 0 400 200 El Al Flight 1862 rect 400 0 600 200 Khojaly ...
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1994
File:1994 Events Collage.png, From left, clockwise: The 1994 Winter Olympics are held in Lillehammer, Norway; The Kaiser Permanente building after the 1994 Northridge earthquake; A model of the MS Estonia, which sank in the Baltic Sea; Nelson Mandela casts his vote in the 1994 South African general election, in which he was elected South Africa's first president, and which effectively brought Apartheid to an end; NAFTA, which was signed in 1992, comes into effect in Canada, the United States, and Mexico; The first passenger rail service to utilize the newly-opened Channel tunnel; The 1994 FIFA World Cup is held in the United States; Skulls from the Rwandan genocide, in which over half a million Tutsi people were massacred by Hutus., 300x300px, thumb rect 0 0 200 200 1994 Winter Olympics rect 200 0 400 200 Northridge earthquake rect 400 0 600 200 Sinking of the MS Estonia rect 0 200 300 400 Rwandan genocide rect 300 200 600 400 Nelson Mandela rect 0 400 200 600 1994 FIFA World Cup ...
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Manitoba
, image_map = Manitoba in Canada 2.svg , map_alt = Map showing Manitoba's location in the centre of Southern Canada , Label_map = yes , coordinates = , capital = Winnipeg , largest_city = Winnipeg , largest_metro = Winnipeg Region , official_lang = English , government_type = Parliamentary constitutional monarchy , Viceroy = Anita Neville , ViceroyType = Lieutenant Governor , Premier = Heather Stefanson , Legislature = Legislative Assembly of Manitoba , area_rank = 8th , area_total_km2 = 649950 , area_land_km2 = 548360 , area_water_km2 = 101593 , PercentWater = 15.6 , population_demonym = Manitoban , population_rank = 5th , population_total = 1342153 , population_as_of = 2021 , population_est = 14 ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Child Support
Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid directly or indirectly by an ''obligor'' to an ''obligee'' for the care and support of children of a relationship that has been terminated, or in some cases never existed. Often the obligor is a non-custodial parent. The obligee is typically a custodial parent, a caregiver, a guardian. Depending on the jurisdiction, a custodial parent may pay child support to a non-custodial parent. Typically one has the same duty to pay child support irrespective of sex, so a mother is required to pay support to a father just as a father must pay a mother. In some jurisdictions where there is joint custody, the child is considered to have two custodial parents and no non-custodial parents, and a custodial parent with a higher income (obligor) may be requ ...
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Spousal Support
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child's other parent or guardian. Etymology The term alimony comes from the Latin word '' alimōnia'' ("nourishment, sustenance", from ''alere,'' "to nourish"), from which the terms alimentary (of, or relating to food, nutrition, or digestion), and aliment (a Scots Law rule regarding sustenance to assure the wife's lodging, food, clothing, and other necessities after divorce) are also derived. History The Code of Hammurabi (17 ...
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Manitoba Court Of Appeal
The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrative boards and tribunals. Seated in Winnipeg, the Court is headed by the Chief Justice of Manitoba, and is composed of a total of 13 justices. At any given time, there may be one or more additional justices who sit as supernumerary justices. The Court hears appeals from the Provincial Court and the Manitoba Court of King's Bench, as well as certain administrative tribunals, including the Residential Tenancies Commission, the Municipal Board, and the Manitoba Labour Board, among others. Most cases are heard by a panel of three justices. A single justice presides over matters heard in "chambers", usually interlocutory matters or applications for leave to appeal. Proceedings before the court are governed by the Court of Appeal Rules. Jud ...
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