We Are Divorcing - How Do We Share Our Pets?
In British Columbia, pets are generally considered property under family law. This means that when a couple separates or divorces, the court will treat the pet the same way as any other asset or property, such as a car or furniture.
However, in rare cases, the court has taken into account the well-being and best interests of the pet and has made orders that go beyond simply dividing the pet as property. For example, a court may order that one party has primary custody and control of the pet, or that the parties share custody of the pet in a way that is in the best interests of the animal. Much like the purchase of a car, typically, the court will assess who paid for the pet, who cared for the pet, and who “owns” the pet. Of note, this takes place in Small Claims Court, and not Family Court.
It's important to note that the law surrounding pets and family law is constantly evolving, and courts may take a more nuanced approach to the issue in the future. Additionally, couples who are separating or divorcing may be able to come to their own agreement about the care and custody of their pets without involving the court.
Family Justice Counsellor
A Family Justice Counsellor (FJC) in British Columbia is a professional who provides assistance and support to families going through separation or divorce. FJCs are typically employed by the Ministry of Attorney General, Family Justice Services Division, and their services are free of charge.
The role of an FJC is to help families resolve disputes and make decisions about parenting arrangements, child and spousal support, and property division. They do this by providing information, education, and mediation services to the parties involved.
FJCs are trained professionals who have expertise in family law, conflict resolution, and communication. They work closely with other professionals in the justice system, such as lawyers, judges, and mediators, to help families navigate the legal process and reach agreements that are in the best interests of the children involved.
FJCs can provide a range of services, including individual and group counselling, mediation, parenting education, and referrals to other professionals as needed. They also assist parties in preparing court documents and can provide information on court processes.
In summary, a Family Justice Counsellor in British Columbia is a professional who helps families going through separation or divorce resolve disputes and make decisions about parenting arrangements, child and spousal support, and property division.
Police Searches
Section 8 of the Canadian Charter of Rights and Freedoms protects the right of individuals to be secure against unreasonable search or seizure. This means Canadians have the right to be free from unreasonable searches and seizures by the government, including the police.
The section reads as follows:
"Everyone has the right to be secure against unreasonable search or seizure."
This right is an essential part of the protection of privacy and personal autonomy in Canada. It ensures that individuals are free from arbitrary interference by the government in their lives and property.
To exercise this right, individuals must have a reasonable expectation of privacy in the thing or place being searched or seized. For example, a person would reasonably expect privacy in their home, but not necessarily in a public place.
If the government wants to search or seize something, they must have a lawful reason to do so, such as a warrant issued by a judge. The search or seizure must also be reasonable, which means that it must be necessary to achieve a specific purpose and be conducted in a manner that minimizes the impact on the individual's privacy rights.
If an individual believes that their rights under section 8 have been violated, they can challenge the search or seizure in court. If the court finds that the search or seizure was unreasonable, any evidence obtained as a result of the search or seizure may be excluded from trial.