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McGill Law Journal/Revue de Droit de McGill. Volume 24, Number 4 (1978), p. 646-653.


At present, the federal Parliament has exclusive jurisdiction over divorce under section 91:26 of the British North America Act, 1867.However, the desirability of integrating divorce law with the aspects of family and property law already within provincial jurisdiction has prompted the suggestion in recent years that the divorce jurisdiction be transferred to the provincial legislatures. The implementation of this suggestion would require modification of sections 91 and 92 of the British North America Act, 1867 and repeal of the 1968 Divorce Act. Each province would then be free to adopt divorce legislation which would reflect the social and ethical values of its residents and express its particular social philosophy. However, such a transfer of jurisdiction would require balancing uniform recognition throughout Canada of provincial divorce decrees and each province's right to exercise control over foreign decrees affecting its residents. Several approaches are possible, none of which is free from criticism.

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