The Limits of Permissive Frameworks for Parent-Child Relationships: An Analysis of Diverse Family Forms in Canada.
The increased use of assisted reproduction and the diversification of family constellations have put significant pressure on statutes regulating parent-child relationships, judges and other decision-makers. To address “new” family relationships, Part 3 of the Family Law Act, 2011 SBC c 25 (“FLA”) came into force in 2013 in British Columbia, Canada. These rules have been described as “a comprehensive statutory framework [that] completely codifies the determination of who is a parent of a child”. More than a decade after the coming into force of these parentage rules, one wonders about their impact and consequences in practice, how they have affected families and what lessons has British Columbia learned that could be helpful for other jurisdictions in Canada and beyond?
Speaker
Régine Tremblay joined Allard Law in 2017. Her areas of expertise include family law, matrimonial property law, private law, comparative law, family mediation, reproduction and law, and critical theories, including feminism and queer theories. She holds a BCL and an LLB from the Faculty of Law at McGill University and an LLM and an SJD from the Faculty of Law at the University of Toronto. She is a member of the Barreau du Québec since 2011 and a member of its Comité consultatif en droit de la famille since 2018. She received the Mérite Christine-Tourigny in 2024. She is the Director of the Centre for Feminist Legal Studies, and, alongside Professor Erez Aloni, the co-editor of the Canadian Journal of Family Law. She is a full member of the Paul-André Crépeau Centre for Private and Comparative Law (McGill University), a researcher with the Groupe de réflexion en droit privé (UQAM), and sits on the editorial board of the Canadian Journal of Women and the Law. She was the Vice President of the Association des juristes d’expression française de la Colombie-Britannique from 2021-2024.
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