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Gender discrimination in the common law of domicile and the application of the Canadian Charter of Rights and Freedoms

  • Author(s) / Creator(s)
  • A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common law rules governing the relationship between husband and wife. Such rules impose a status on the parties. Therefore, a commitment to respect for the autonomous choice of individuals does not support the conclusion that the rules should be beyond constitutional review.

  • Date created
    1991
  • Subjects / Keywords
  • Type of Item
    Article (Published)
  • DOI
    https://doi.org/10.7939/R3154F361
  • License
    © 1991 Annalise Acorn. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
  • Language
  • Citation for previous publication
    • Acorn, A. (1991). Gender discrimination in the common law of domicile and the application of the Canadian Charter of Rights and Freedoms. Osgoode Hall Law Journal, 29(3), 419-456. Retrieved from http://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss3/1/
  • Link to related item
    http://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss3/1/