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Article
Family maintenance: the interaction of federal and provincial law
Canadian Journal of Family Law (1979)
  • Eric Colvin, University of Saskatchewan
Abstract

The interaction of federal and provincial law on family maintenance involves two major areas of difficulty. The first concerns the relationship between, on the one hand, the corollary relief provisions of federal divorce legislation and orders made thereunder and, on the other hand, provincial legislation on family maintenance and orders made thereunder. The second concerns the relationship between federal and provincial provisions on matters of jurisdiction and procedure under divorce legislatioin. At issue in both areas is the application of the constitutional rule of federal paramountcy, whereby provincial law is rendered inoperative to the extent that it conflicts with federal law.

Keywords
  • divorce,
  • family maintenance,
  • federal,
  • provincial,
  • jurisdiction,
  • paramountcy,
  • Canada
Publication Date
January 1, 1979
Citation Information
Eric Colvin. "Family maintenance: the interaction of federal and provincial law" Canadian Journal of Family Law (1979)
Available at: http://works.bepress.com/eric_colvin/36/