Even if it “presents progress”, the planned reform of marital law does not go far enough to protect women in common-law couples, deplores the Council on the Status of Women (CSF) in a memorandum which urges Quebec to “ Do not miss [son] occasion “.
Tabled Wednesday as part of the special consultations on Bill 56 “on the reform of family law and establishing the parental union regime”, the twenty-page document issues a warning to the Minister of Justice , Simon Jolin-Barrette: if it does not change, his legislative proposal will maintain a two-tier system serving people united civilly or by marriage more than de facto spouses.
“The CSF deplores that the rights and obligations recognized for people in common-law relationships are less than those which prevail for married people,” he writes.
Comments which echo those of the women’s rights groups consulted by The duty a month ago. The latter denounced, among other things, the choice to exclude RRSPs and pension funds from the common assets that future couples in parental union will form. “It is certain that this will lead to certain injustices,” said the president of the Fédération des femmes du Québec, Sylvie St-Amand.
In its brief, the CSF “is particularly concerned” about this situation. He recalls “that both the overall income and the retirement and investment income of women aged 65 and over are lower than those of men”. According to Statistics Canada data cited by the council, women had an average retirement income of $16,500 in 2023, compared to $22,800 for men.
In the event of a breakdown, the CSF therefore recommends applying to people in a parental union the same rights and obligations regarding the sharing of family assets as to married people. In addition to RRSPs and retirement plans, this would include second homes and their furniture.
Maintenance obligation
Minister Jolin-Barrette’s Bill 56 does not subject people in a parental union to the support obligations of married people, a decision which was also the subject of criticism last month.
In its memorandum, the CSF also deplores the minister’s choice, in a context where the maintenance obligation “is aimed in particular at people – more often women – who, during their union, have withdrawn – partially or entirely – of the labor market to take care of a child or a parent who is losing their autonomy.
As he did following the publication of the affair Eric c. Lolahe recommends that Quebec allow people from a couple in a parental union to request alimony after a break-up.
In addition, the council proposes that the rights and obligations of persons forming a common-law couple apply, “that[elles] have or not have a common child.
Minister Jolin-Barrette’s Bill 56 will have the effect, if adopted as is, of establishing a new regime, distinct from marriage and civil unions, for de facto spouses who will have a child from from July 2025.
Questioned during the tabling of his reform on his decision to create a different regime for marriage, the elected representative of the Coalition Avenir Québec justified himself by saying that he did not wish to “forcefully marry” de facto spouses in Quebec.