JOURNAL ARTICLE
The demise of parliamentary divorce in Ontario: The 1930 Divorce Act.
Published In: University of Toronto Law Journal, 2025, v. 75, n. 4. P. 466 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Patti, Nina; Phillips, Jim 3 of 3
Abstract
The article focuses on the 1930 Divorce Act for Ontario, a federal statute that transferred divorce jurisdiction from the Parliament of Canada to Ontario's superior courts, marking a significant reform in Canadian divorce law. Prior to 1930, Ontario residents seeking divorce required a private Act of Parliament, unlike most other provinces with judicial divorce courts. The passage of the Act followed a decade of parliamentary struggles shaped by regional, religious, and political divisions, with Catholic opposition—especially from Quebec MPs—being a major factor against reform. Advocates argued that judicial divorce would be fairer, more accessible, and would relieve Parliament from an unsuitable quasi-judicial role, while opponents feared it would increase divorce rates and undermine social stability. The Act's eventual passage was influenced by obstructionist tactics led by Labour MP James Shaver Woodsworth and a shift in voting patterns among Ontario MPs, particularly those from Toronto and the Anglican diocese, reflecting evolving social and institutional pressures.
Additional Information
- Source:University of Toronto Law Journal. 2025/10, Vol. 75, Issue 4, p466
- Document Type:Article
- Subject Area:Social Sciences and Humanities
- Publication Date:2025
- ISSN:0042-0220
- DOI:10.3138/utlj-2025-0006
- Accession Number:188885799
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