Page 12-The Canadian Jewish News; ThursdayrOctober 12, 1989
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MAURICE LUCOWL-SASKATOON-
The Saskatoon Jewish community is gearing up to fight racism in this northern Saskatchewan city.
The first major effort to battle a recent spate of anti-Semitism here will be a. meeting, tentatively scheduled for Nov. i. to set up a committee on racism whose aim will be to couh-teracf racial propaganda. In addition to Jewish community leaders, it is hoped the
committee will include jne^nbers of the clergy, the schoor board, city council and representatives of the business and professioaal community.
Heading up the organizing group is Rabbi Roger Pavey. of Agudas Israel Synagogue; Elaine Sharfe. president of the synagogue and the Jewish Communi: ty Council: Gladys Rose, chairman of the Saskatchewan branch of Canadian Jewish Congress; and Walter Gumprich, director
of the northern division of the Saskatchewan Jewi.sh Council, an affiliate of Congress.
In the meantime, the public affairs committee of the JCC, Senator Sid Buck-wold, Dr. David Kaplan and B'nai Brilh president Jim Scharfstein, is working with the police and local politicians to alleviate the situation .-
The synagogue has been vandalized twice in recent months — on Yom Hashoa and on Canada Day and
police promised to, keep close surveillance on the premises during the High Holidays, according to Sharfe.
On top of this, Terry Long, head, of the anti-Semitic Church of Jesus Christ Christian-Aryan Nations, based in Caroline, Alta., has announced th^it his groupi is moving into Saskatchewan. The province, he claimed in a TV interview, is a good rie-cruiting ground for his white supremacist move-
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AWYER
The court will not enforce a moral obligation and the law does not provide for child support payments in these circumstances. ■In addition toihe foregoing, themale partner has
EPLIES...
By .:.„■.■ JOHNSYRTASH
QUESTION:
I am a woman residing in Quebec, arid have been living for six yean with a man from Que--bec; We have o|ie child who was bom from another previous'rdati<Hiship of mine. However my co-vivant has always b^ii the boy's father figure. (The natural father has had no contact with the child). I have contributed towards the day-to-day expenses of our fanlily residence, owned entirely by my co-vivant, which bclude utilities. In addition, I have been responsible for, cleaning and maintaining the home. If we separate:
1. What are my rights vis a vis the home?
2. Am I entitled to any support for myself?
3. What are my co-vivant obligations and rights regarding the child?
ANSWER:
Gerald Stodarid, bl senior family law lawyer in Montreal, has kindly consented to answer these questions: The Ontario answer is much different, and will appear in a future article, / :., Mr.-Stotland: V
1.  The womah's rights vis a vis the home.
The Quebec legislature has not seen fi| to intervene; Jwith respect to cohabiting couples. As such, there is no legislation dealing with the dissolution of mere cohabitation' and therefore, each cohabi-
no rights vis a vis access or custody unless very strong evidence is brought indicating that the female partner is unworthy and that the male is the child's psychological parent. .
QUESTION:
My daughter is about to marry a fellow with few ass^'and a modest income. Everybody lives in Ontario, I am uncertain as to the ^taibility of this riiarriage. I am worried^ that once my daughter inherits my estate, or is free to use monies I am giving to her, this7eIlow could gain up to one half of it should they separate in Ontario. Moreover, I have already giveri her much money over the years, albeit largely, although^ not exclusively, for tax reasons. I believe she is~ plaMung to use at least a portion of these funds^ to buy a faniily residence for both <rf' tbelh. What can I do to protect her, or advise her to do to protect herself? ; ANSWER: '
In Ontario there are various options.
1. If necessary, redraft your will or trust documents by which you gifted her monies or other iteins, to ensure that none of her inherited or gifted property is included as part of her "net family property." More importantly, any income, such as interest or rent derivecf from such property, is also excluded if the will or trust indenture expressly says ,so. A competent family lawlawyer or estate lawyer is aware of the relevant clauses.
Withoutsuch provisions in the will your daugh- . ter's inheritence or gift would still be protected from division or calculation under Ontario law for family law purposes, but not the interest, rental or dividend incqme from such pKy?grly.,.ynless your will or trust indenture ex"pressly excludes such income when dividing pioperty on separation or, death (whichever is earlier).
2. If your daughter plans to use part of her in-
E     taht only has the ordinary civil law remedies avail-    heritance or gifted money as a contribution or pay: E
able to him or her.
In essence, the claims of unjust enrichment and partnership have not been very successful before the courts. 1 have however, come across a judg- : ment in Droit de la Fanrtille 359 (1987) R.D.F. 156 in which a woman was awarded a sum of $1(JO,000
ment towards the matrimonial home to be jointly occupied with her new spouse, she could lose the benefit of her contribution from being excluded from division on separation, unless a written and properly drafted marriage contract is signed by both spouses either before Or after marriage so as to ex-
E     in consideration ofher contribution to the patrinio-    dude such contribution and protect her investment. =
ny-of her"former concubine.
The parties here had liveStogeth^ of 24 years, and the court was of the opinion that, had the female partner devoted more of her time ... to. personal-development and finding a job than to caring for her friend's house, children and business, she would not have been impoverished nor • would her friend have been enriched to the extent that he was.
It appears that Justice Gagnon. in this case, rendered an equitable decision which is rather innovative with regards to claims between concubines;
For the most part, the Quebec bench has seen fit to rigidly apply the rules Of partneirship and those of unjust enrichment to deny concubines theif ■ claims. ■
2. With respect to our concubine's claim for support, the claim will not prevail in the Province of Quebec. As stipulated earlier, the legislature has seen fit riot to intervene in any way what.soeyor with matters between unmarried cohabitants; in these
—eircumstarices;^there is no cjaim' for-alimentary support: ^ '
3. Rights and obligations vis a vis the child.
Lastly, although it appeiars that the male partner is morally bound to supp<irt the child he has beeri"parentingfoV several years, there is no legislation on which to order him to do so:
Once inherited monies are invested in a matrinioni-al home they lose their identity as "inherited funds "and are not excliided from division or calculation for family law purposes On separation un-. less a marriage contract says otheirwise.
Section 4(2) viojf the Family Law Act specifies that property, other than the matrimOriial home, into which property can be traced back to gifts or inheritances can be excluded and does not .form part of your daughters "net family property" on separation.:' .
3. If mai-riage contracts are emotionally difficult arid hot feasible, you iiiay wish to inVest in your daughter's future by placing a property diat you are planning to give her intoa family residence owned in your name, in which both parties may live asi man and wife.;You may transfer it to yoiir daughter and son-in-l3w ohce-you are convinced that the marriage will be stable. My only warning is thii»possibility of long terni;resentrnent and es-tiangement between in-laws..
Watch for further articles regarding other juris-dictionsbcyond Ontario:. For the moine-nt- we.can : Sly thai the bjhcr Canadian provinces havelaws which provide similar answers. indudingQucbecN—. \yejujgg,est:thaty6ii contact a taniily law lawyer or estates lawyer in your province :for further details.
ment.
Long announced here that he has appointed Kari, Meyer of Printe Albert as Saskatchewan head.
Both Rabbi Pavey and Sharfe were invited for inr terviews on TV but refused because, they said, they didn't want to give Long' any -more publicity; However, Sharfe is quoted ill a Canadian Press story from Saskatoon as saying that "we are worried about this.I think everyone should be concerned. They are a threat to all people in Saskatchewan; they are a threat to people who believe in equality, they are a threat to minorities."
Sharfe added that Only a small minority of people hold views like Long's. She told The CJN that the RCMP in Saskatoon estimates the size of the Long group at aboutl5 or 30. But
Rabbi Pavey added that "there are a lot of disturbed people^^out there who could be influenced by such a movement."
He told The CJN that the shul, which operates as ah umbrella organization for all the Jewish community organizations, is cooperating fully with the city police and the RCMP and leaving the matter in their hands.
The rabbi said the Saskatoon Jewish community, after declining' for several years, is growing again and now comprises some 200 families. He said a number of South Africans have helped swell the population:' Therabbi, who comes fi^om : England, has served Agudas Israel for a year. He told The CJN that "we know, and the police know" who vandalized the shul.
Terry Long's group was
thrust into the public eye in 1986 when members of the Jewish Defence League confronted hinVat'tRe fence of his property 200 kilometres northwest of Calgary. His organization was ordered by a federal human rights tribunal.in July of this year to stop playing hate messages over the phone after complaints . were lodged by B'naiBrith Canada and a number of individuals.
Long said in an interview with Canadian Press that if his people ruled Canada, only white people of Celtic, Germanic and Scandinavian descent would-be al-. lowed to live in the country. The CP story says he acknowledged that native Indians were here first and said land claims would be negotiated with them so they would be self-sufficient.
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