Canada: Fault Surrepititiously Returned to Alimony Determination

	posted by Matt on 04:45 PM June 21st, 2006
	bandersnatch writes "From the Globe and Mail: A Vancouver woman will receive monthly support payments from the ex-husband who cheated on her because the emotional toll of his conduct prevented her returning to the workplace, the Supreme Court of Canada ruled Wednesday morning. A 7-0 majority emphasized that their ruling it not intended to return the concept of fault to divorce law. They instead expressed confidence that the emotional consequences of marital misconduct can be considered in spousal support cases without actually slipping ‘fault' back into the Divorce Act. The Court awarded Sherry Leskun a continuation of her $2,200 monthly payments, based on the harm that Mr. Leskun's philandering caused her as well as the particular difficulty that a woman of her age has returning to full employment."

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Not Returning "Fault" to Divorce Law? (Score:1) by RandomMan on 07:58 PM June 21st, 2006 EST (#1) Since any amendment to Canada's divorce law would necessarily have to be gender-neutral, the court has found an excellent way to re-introduce the concept of fault to divorce in Canada (for men only) without having to saddle women with the responsibilities of an adult or bother with equality. Unanimously, no less. Naturally, women are more "traumatized" and easily "victimized", so now all a female has to do is whine a bit, and she's assured a lifetime of alimony payments, even when the mommy support runs out. Sure, men kill themselves in droves when divorced, but it's clearly women who are "traumatized" by the experience. Sexism is the basis of all "family" and "criminal" law in the Western world, and this is no exception. By stacking the Supreme Court with feminists, Canada has ensured that there won't be a gender-neutral ruling for at least a half century, and that all laws will be interpreted and therefore enforced along fairy-tale (women as children, men as evil victimizers) and feminist ideological lines. This will occur despite careful measures to ensure that all new laws and amendments sound egalitarian. Just apply them differently depending on the gender. I think there were laws like this in the US once. Something about "Jim Crow", perhaps?

Re:Not Returning "Fault" to Divorce Law? (Score:2) by Roy on 11:05 PM June 21st, 2006 EST (#2) The Canadian Supremes defied logic in this ruling that says the actual act of misconduct cannot be considered in a "no-fault" divorce system; however the CONSEQUENCES (emotional turmoil) of the act may be taken into account in awarding spousal maintenance "in perpetuity!" Link this decision to Britain's recent high court ruling that entitles a divorcing woman to claim a portion of her husband's post-divorce assets, i.e. his future income, forever, based on her "contributions" to his imputed post-marriage earning power. This is truly the end of marriage. No thinking man would consider it today. Not even true love overcomes this feminist tyranny. Because (quoting Chris Rock) ... "you'll NEVER know..." her true nature.

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