In this in-depth discussion on Canadian Justice, family law experts Michelle Kinney and John-Paul E. Boyd, KC, join host Christine Van Geyn to explore the growing trend of polyamory and how the legal system addresses it. The conversation delves into the complexities surrounding ethical non-monogamy, focusing on the legal recognition—or lack thereof—of polyamorous relationships, and the unique challenges faced by individuals who engage in such relationships.
The panel discusses how existing laws, which were originally designed to govern monogamous two-person unions, are often ill-equipped to accommodate the needs of people in relationships that involve more than two partners. Specifically, they explore how the lack of formal recognition for polyamorous relationships affects important aspects of life such as taxation, insurance benefits, and legal rights related to separation and divorce.
Michelle Kinney and John-Paul Boyd also examine the significant gaps between the current state of family law and the evolving nature of personal and familial relationships in North America. They highlight the difficulties that polyamorous families face when navigating legal systems that have not yet adapted to this new reality.
Canada is experiencing a change in family structure; and the courts are filling a gap in the law, as society evolves. Michelle addressed intentional family-building, which is one of her areas of exepertise. She talks about the two recent court cases in Canada in which the court declared it was in the best interest of the child for a third person to be a parent of the child born in a polyamorous family, resulting in three legal parents of the child.
Additionally, the two panelists emphasize the inevitability of the need for law reform to better clarify and protect the rights and interests of individuals in polyamorous or non-monogamous partnerships, to reflect the diversity of modern relationships.
Overall, the discussion underscores the tension between traditional legal frameworks and the growing acceptance of polyamory, considering areas for legal reforms that could help bring clarity and fairness to these diverse family structures.
Watch Ethical Non-Monogamy with Michelle Kinney and John-Paul Boyd on Canadian Justice here:
To watch the Canadian Justice episode: Canadian Justice– Ethical Non-Monogamy with Michelle Kinney and John-Paul E Boyd.
