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Research Projects

Beyond Conjugality

Background

Background Information

Society is founded on relationships. A broad diversity of close adult personal relationships is a sign of a vibrant society. Permitting people to form relationships that matter to them and in which they can find happiness and comfort is the mark of pluralism and freedom.

Canadian law makes great efforts to protect the interests of individual citizens. What is less apparent are the numerous ways in which it recognizes, supports and protects relationships.

Most often, Parliament has simply taken the most visible of these adult personal relationships -- the conjugal relationship -- as the vehicle by which to promote specific policies and programmes. And because marriage and common law partnerships can be such a convenient proxy, it is often used as a way to implement policies, whether or not their aim is to support relationships. This can make statutes both under-inclusive and over-inclusive -- that is, they may not cover all the people they were intended to cover, or they may apply to people they were not intended to cover.

Finding the best way to recognize and support close personal relationships between adults, and achieving equality in the laws governing those relationships confronts Parliament with complex and difficult questions.

For more background, see the research papers related to Close Personal Relationships Between Adults prepared for the LAW COMMISSION OF CANADA.