Two-spirited people can now get married

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Pro Bono

Dear Tuma:

I have been having problems with my employer. They do not want to pay me my back pay, plus pay me for the time I spend on the board as the secretary/treasurer. The employer does not want to sit down and meet with me about my job. I'm at my wits end and don't know where to turn.

Frustrated

Dear Frustrated:

There are a number of things you can do: You can write a letter to your employer outlining the problems you are experiencing in your job and propose a solution. If this does not work or the situation worsens, then you can make a formal complaint to either the provincial or federal labor boards (it depends on whether your employer is covered by provincial or federal labor laws. All band councils and many First Nation organizations are covered by the Canada Labour Code.)

If you find that you have been terminated, you should also consult with a lawyer to see if you can sue for wrongful dismissal.

Dear Tuma:

I want to set up a delivery service on the reserve. What do I need to do?

Looking to make a fast buck

Dear Looking:

You should first register your business with the province. They will want you to do a name search to make sure that you do not have the same name as someone else. Once you have the name, then the next step is to register your business either federally or provincially (depends if you want to deliver in more than one province). Once this is done, then the business is up and running.

Before you start delivering, you should also contact your insurance company to obtain the proper insurance and you may also need to be bonded. Print out some business cards and contact the stores and businesses that you hope to deal with. Some further questions to ask yourself and local stores: What is the market demand? Is it seasonal? What will your expenses be? Will the customer be paying or will the stores? What is the competition and what is the going rate?

Remember to save all receipts and have an excellent filing/delivery system in place. Good luck.

Dear Tuma:

I heard that same-sex marriages are now legal. Can I now marry my partner?

Two-Spirits

Dear Two-Spirits:

Same-sex marriages are now legal in Ontario, because of a recent Ontario Court of Appeal court decision.

This decision ruled that the common law definition of marriage was contrary to the Canadian Charter of Rights and it discriminated against two-spirited people. The Canadian government has announced that it will not appeal the decision and will change the law to allow same sex marriages in all of Canada. Right now, you can only have same sex marriages in Ontario and it does not have a residency requirement for a marriage licence, so any two-spirited couple from the rest of Canada (or the world) can go to Ontario to get married.

You can get married now, but this also means you are responsible for all the obligations of marriage. Should the marriage break up, you may be required to pay spousal support and divide all matrimonial assets equally (or unequally depending on the situation). You may want to think about a pre-nuptial agreement and a new will.

I heard that a trip to Niagara Falls makes a wonderful honeymoon.

This column is not intended to provide legal advice but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studying for a Ph.D. in Law at the University of British Columbia and questions should be sent to tumayoung@hotmail.com.