What is the state of the law on privacy in marriage?

Alberta, Canada


The following excerpt is from Taylor v. Rossu, 1996 CanLII 10505 (AB QB):

The quotation of Douglas J. in Griswold v. Connecticut, 381 U.S. 479 (1965), at 486 is very appropriate: We deal with a right of privacy older than the Bill of Rights – older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political face; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.

I am mindful of the comments expressed by my colleague Veit J. where she stated in Armstrong v. Elder, supra, at p. 14: I accept that a court cannot amend a statute. Indeed, it cannot read words into a statute that are not there. However, a court is entitled to find content for general words such as “spouse”. A normal speaker of English uses expressions like “common law wife”, “common law husband”.

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