Legal battles over “big brother” status in the family law system could take longer than expected, according to a new study.
The study, published in the American Bar Association’s Legal Studies Review, found that although the Supreme Court’s 2015 ruling in Windsor, Ont., left the door open to family law cases being brought in front of judges in the U.S. and Canada, it left the window wide open for such cases to be brought in other countries.
It also said the potential for legal problems in such cases was greater than in the Windsor decision.
The report was commissioned by the Legal Aid Society of Canada, which is based in Toronto.
The law firm that did the work, Perkins Coie, has previously worked on Windsor, which the Supreme.
Court has said the Windsor ruling, issued last year, would allow judges to decide whether to intervene to force changes to Canadian family law.
The legal system in Canada has been in the grip of a prolonged dispute over whether to recognize the status of same-sex relationships, which some see as an integral part of marriage.
In Windsor, the court ruled that the Canadian constitution protects the right to marry the same gender, even if that right can be limited.
While the ruling was widely applauded by gay rights groups, it was also widely criticized as being too broad, which could open the door to other issues in the law, such as the definition of marriage or whether the rights of women and men should be respected.
The Legal Aid report said the legal system is “at a crossroads” and that it is important to take stock of where the current status is and what it means.
“The law may have been changed and it may not have changed, but there is no doubt that we are in the middle of a constitutional, legal and social transformation,” said David Baskin, the lead author of the report and a law professor at the University of Toronto.
“What happens after Windsor will be a real test of whether our system can accommodate the changing times.” In the U