"Presentation on the Parentage Act"

Sexual Orientation and Gender Identity Community Section Webinar

RECORDING

DESCRIPTION:

The Access to Justice & Law Reform Institute of Nova Scotia is consulting on recommendations for a Parentage Act in Nova Scotia to expand who is extended a presumption of parentage on birth.

Nova Scotia is the only jurisdiction in Canada that still does not have parentage legislation, or a child status act. As such, we still rely upon antiquated common law rules that marginalize persons who use Assisted Reproductive Technologies to conceive children, particularly members of the 2SLGBTQIA+ community. As you are aware Ontario has relatively recently passed the "All Families are Equal Act" to address this discriminatory treatment. The lack of parentage legislation in Nova Scotia also adversely affects common law partners, multiple parents (ie., more than 2) and persons who conceive posthumously.

The Institute has worked with an advisory group of experts on family and fertility law in Nova Scotia and, along with the Board of the Law Reform Institute, has produced a discussion paper on the Act. The session will see Institute staff presenting on some of those recommendations especially as they affect the 2SLGBTQIA+ community and looking for feedback.

SPEAKERs

Ilana Luther, Executive Director, Access to Justice & Law Reform Institute of Nova Scotia

Ilana joined the Law Reform Commission in June 2011. She has worked for legal aid in both Ontario and Nova Scotia. In 2004, she received her law degree from Osgoode Hall Law School, followed by a Master of Laws from Harvard Law School. She teaches at the Schulich School of Law on a part-time basis. In 2015, Dr. Luther obtained her Doctorate in Law from Schulich School of Law. She has served as Executive Director of the Law Reform Institute since 2018.

Sarah Burton, Legal Research Council, Access to Justice & Law Reform Institute of Nova Scotia

Sarah joined the Institute as legal research counsel in January 2019. Sarah obtained her law degree from Dalhousie University in 2008 and was called to the Nova Scotia and Alberta bars in 2009. She has a Masters in Law from the London School of Economics and is currently pursuing doctoral studies with the University of Ottawa. Sarah has worked as a civil litigator in one of Canada’s leading law firms, and has been involved in cases before the Supreme Court of Canada.