Before the Supreme Court of Canada, IMK brought to the fore the potential impact of a family law case on the lives of LGBTQ+ families, raising an issue that had gone unspoken in the courts below. The intervenor represented by IMK argued that the “natural parent” presumption was discriminatory towards LGBTQ+ families and skewed the analysis of the best interest of the child in custody battles. The Court’s subsequent devaluation of the “natural parent” presumption in its judgment has had an impact in family law across the country.
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