1. Objectifs

Intentions :
«This thesis is a theoretical exploration and an investigation of Quebec’s family law, aimed at both civilian and non-civilian readers. It is about how family law is constructed in and by the Civil Code. The general purpose is to explore, question and analyze the transformations of conjugal and filial relationships, and the evolution of fundamental principles that have, through time, influenced family law in Quebec in one of its primary systems of governance: the civil codes.» (p. 7)

Questions/Hypothèses :
The thesis aims to answer the following questions: «Does the normative project of family law in the Civil Code of Québec making sense in today’s context? Does the Code have tools to adapt and evolve? Is it time for family law to take a break from the normative project put forward in the Code and move towards a different approach, revolving around relationships of economic and emotional interdependency and not on an outdated idea of what is a family in law? What makes familial relationships different and are there other relationships meeting these criteria? How could relationships be recoded to belong to civil law?» (p. 7)

2. Méthode

Échantillon/Matériau :
«The methodology is mixed and it relies on critical theory (including feminism), legislative history, and in a way, comparative law. When necessary, some case law analysis is made, but the focus is more on the transformation to the law as found in the civil codes.» (p. 24) The author has particularly analyzed the different versions of the Civil Code of Quebec, focusing especially on those between 1955 and 2017.

Type de traitement des données :
Réflexion critique

3. Résumé

The analysis shows that «Quebec family law […] has been in constant flux during the period studied (1955-2017). Family law has witnessed a recodification, transformations in nature, and proliferations of relationships. Some relationships have been included in the Code – one can think of formal same-sex unions or children born out of wedlock – while others have yet to be considered as relevant – de facto unions for example. For decades, reforms were made and numerous changes occurred in family law without giving necessary attention to the big picture. The regulation of families and intimate ties in the Civil Code of Québec is nonetheless, again, in the midst of modifications and transformations. At the time of writing this conclusion, a new bill has just been adopted and will modify the Civil Code again, this time with regards, mostly, to adoption. Pressures are being made for the Government to address to issue of the regulation of surrogacy. The status of de facto spouses is a bone of contention. It is likely changes are going to happen in a near future. One can speculate as to whether these changes will be made with attention devoted to family law as a whole and to the nature of the relationships family law address, or if it is just going to target a specific issue.» (p. 282)