The demise of parliamentary divorce in Ontario
The 1930 Divorce Act
Bibliographic Data
| ID | 21407045 |
|---|---|
| Authors | Nina Patti (Judicial Law Clerk, Court of Appeal for Ontario, Toronto, ON, Canada..), Jim Phillips (0000-0002-5183-9469, University of Toronto) |
| Year | 2025 |
| Volume | 75 |
| Issue | 4 |
| Pages | 466-499 |
| Publication date | 2025-10-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | University of Toronto Law Journal (JOURNAL) |
| Journal identifiers | ISSN: 0042-0220 • E-ISSN: 1710-1174 |
| Publisher | University of Toronto Press Inc. (UTPress) (PUBLISHER) |
| DOI | 10.3138/utlj-2025-0006 |
| OpenAlex | W7165206146 |
| Language | EN |
The 1930 Divorce Act for Ontario, a federal statute, was a major landmark in Canadian divorce law. Before 1930, Ontario residents wanting a divorce had to secure a private Act of the federal Parliament, as did residents of Quebec and Prince Edward Island. People living in all other provinces had access to divorce through the provincial courts. It did not prove easy; five bills to grant divorce jurisdiction failed before the 1930 Act passed by a narrow margin. The debates over the divorce jurisdiction bills involved regional differences within and between provinces, denominational distinctions, and arguments about class and accessibility to this legal remedy for failed marriages. Most importantly, we argue, they concerned the deleterious effects of the national legislature having divorce jurisdiction on the institution of Parliament itself
Demise · Federal jurisdiction · Institution · Jurisdiction · Legislature · Parliament · Canadian Identity and History · Feminism, Gender, and Sexuality Studies · Intellectual Property Law
| Highly cited | No |
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