Review aims to improve and simplify family law in Alberta
By Jason Chance
The Alberta government is preparing to introduce new legislation that will simplify and improve access to family law in Alberta.
The Family Law Reform Project was launched to look at provincial legislation that deals with family law, to see how it can be updated and consolidated so it is more understandable and accessible. The goal is to have family law legislation that meets the needs and priorities of Albertans in the 21st century.
"Family law affects the lives of many thousands of Alberta men, women and children," said Justice Minister Dave Hancock. "This review is part of our ongoing commitment to simplify and improve access to our justice system for all Albertans."
"There are almost always high personal costs when a relationship breaks up," Hancock added. "We must ensure we have legislation in place that protects the best interests of the men, women, and particularly the children, who are affected."
The project included consultation with Albertans, which took place from January to March 2002. Government is now considering the submissions and drafting legislation for introduction this year.
As part of the review, Alberta Justice studied a number of important issues associated with family law - including spousal support, child support, custody and access, and personal relationships.
One thing that was not part of the review was the definition of marriage. The Alberta government believes that marriage is fundamentally a relationship involving a man and a woman, and Alberta family law will continue to recognize this distinction.
Rulings at all levels of court, including the Supreme Court of Canada, have said that people involved in similar types of relationships must be treated equally under the law.
In response, the Family Law Reform Project included discussions of how Alberta law should address the financial and property issues associated with interdependent relationships other than marriage.
This included issues such as financial support, survivor benefits such as pensions, the obligation to share property acquired by both parties during the relationship, and the right to receive all or a portion of the partner's estate should the partner die without a will.
"We have the opportunity to write legislation that protects the definitions of marriage and spouse, while at the same time recognizing the changing ways in which people associate and create interdependencies," Hancock said.
For more information on the project, visit www.gov.ab.ca/just (click on What's New and select "Initiatives and Events"), or call the office of Family Law Reform at (780) 427-5093 (dial 310-0000 for toll-free access).
