Sex and the genuine marriage: consummation and conjugality in Canadian citizenship

The idea of consummation as definitive of a marriage seems antiquated today. Yet, consummation operates as a central criterion in determinations of a ‘genuine marriage’ in Canadian immigration law. Drawing on the marriage and migration literature, theorizations of sexual citizenship, and critical multiculturalism, we explore recent judicial considerations of consummation in Canadian family sponsorship adjudications. We searched the CanLII database (a Canadian database of legislation and judicial records) for the keywords ‘non-consummation’ and ‘genuine marriage’ and identified 68 cases. Of these cases, three primary themes emerged: the use of consummation as a ‘technology of love’ – a requirement for assessing the authenticity of the spousal relationship and hence the worthiness of sponsorship; the discursive construction of sexual and gendered norms in expectations around marital intimacy, and the articulation of liberal tolerance and the cultural other in the assessments of genuine marriages among primarily racialized Canadians or permanent residents and their foreign spouses. We challenge these discursive narratives and conclude by arguing that instead of consummation as the basis for genuine marriage, the Law Commission of Canada’s ‘close personal relationship’ model is a better way to assess the ‘genuineness’ of relationships for determining Canadian citizenship.     

Understanding Green Card Marriage Fraud by Malgorzata Zuber

Crime, Law and Social Change -     

Economic analysis of international environmental agreements: lessons learnt 2000–2020

International Environmental Agreements: Politics, Law and Economics - On the occasion of the 20th anniversary of International Environmental Agreements: Politics, Law & Economics, we...     

The politics of multilateral environmental agreements lessons from 20 years of INEA

International Environmental Agreements: Politics, Law and Economics - This review article addresses the question: What lessons can we learn from work published in International Environmental...     

Assessing callous–unemotional traits in adolescent offenders: Validation of the Inventory of Callous–Unemotional Traits

The presence of callous–unemotional (CU) traits designates an important subgroup of antisocial youth. To improve upon existing measures, the Inventory of Callous–Unemotional Traits (ICU) was developed to provide an efficient, reliable, and valid assessment of CU traits in samples of youth. The current study tests the factor structure and correlates of the ICU scale in a sample (n = 248) of juvenile offenders (188 boys, 60 girls) between the ages of 12 and 20 (M = 15.47, SD = 1.37). Confirmatory factor analyses are consistent with the presence of three independent factors (i.e., Uncaring, Callousness, and Unemotional) that relate to a higher-order callous–unemotional dimension. Also, CU traits overall showed associations with aggression, delinquency, and both psychophysiological and self-report indices of emotional reactivity. There were some important differences across the three facets of the ICU in their associations with these key external criteria.