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  1. Divorce Act - R.S.C., 1985, c. 3 (2nd Supp.) (Section 21.1)
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    • Marginal note:Affidavit re removal of barriers to religious remarriage

      (2) In any proceedings under this Act, a spouse (in this section referred to as the “deponent”) may serve on the other spouse and file with the court an affidavit indicating

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    • (4) Without limiting the generality of the court’s discretion under subsection (3), the court may refuse to exercise its powers under paragraphs (3)(c) and (d) where a spouse who has been served with an affidavit under subsection (2)

      • (a) within fifteen days after that affidavit is filed with the court or within such longer period as the court allows, serves on the deponent and files with the court an affidavit indicating genuine grounds of a religious or conscientious nature for refusing to remove the barriers referred to in paragraph (2)(e); and

      • (b) satisfies the court, in any additional manner that the court may require, that the spouse has genuine grounds of a religious or conscientious nature for refusing to remove the barriers referred to in paragraph (2)(e).

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    • Marginal note:Where section does not apply

      (6) This section does not apply where the power to remove the barrier to religious remarriage lies with a religious body or official.

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  2. Divorce Act - R.S.C., 1985, c. 3 (2nd Supp.) (Section 16)
    Marginal note:Best interests of child
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    • (3) In determining the best interests of the child, the court shall consider all factors related to the circumstances of the child, including

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      • (f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

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