Chapter 1: Family Structures and Canadian Family Law

• Date: 14 April 2025

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Family Structures and

Canadian Family Law

A. DEFINITIONS OF “FAMILY”

e term “family” does not have a precise legal denition. Law tends to regulate the rights

and obligations of individuals, as distinct from groups, such as familie s, however they may be

constituted. Canadian family law might more properly be called the “law of persons” insofar as

it concentrates on the rights of individuals whose family relationships have become dysfunc-

tional. In short, Canadian family law deals primarily with the pathology of family breakdown

and its legal consequences.

People often perceive “marriage” and “family” as synonymous, but these words are not

interchangeable in law. e term “family” is elusive and dees exact denition. Many, but not

all, Canadian families are the products of a marriage. More often than not, the presence of

children signies a family relationship. Children may be born within or outside of marriage.

eir parents may or may not live together. e parents may have lived together before or after

the birth of the child, but may no longer do so by reason of separation or divorce. Some chil-

dren are adopted. In relatively rare situations, a child’s birth may have resulted from surrogate

parenting arrangements or the use of new reproductive technologies. Children are usually

family members of the household in which they reside but this is not invariably true. Some

children do not live with either of their parents or with aunts, uncles, or grandparents. ey

may live in foster homes or even with friends or neighbours. A new de facto family may

co-exist with the family of origin.

Family relationships can exist when there is neither marriage nor a parent– child or ances-

tral relationship. Unmarried couples of the opposite sex or same sex are regarded as mem-

bers of the same family for social or legal purposes,1 and the concept of parentage has be en

signicantly expanded by explicit legislation in several provinces, including British Columbia

and Ontario.

 Barsoski Estate v Wesley,  ONCA  at para .

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