Supreme Court of Canada – the limitation of the protected right must be one that ‘it was reasonable for the legislature to impose’, and that the courts were ‘not called upon to substitute judicial opinions for legislative ones as to the place at which to draw a precise line’. ‘a business corporation cannot possess religious … Continue reading Regina v Edwards Books and Art Ltd: 18 Dec 1986
References: [1986] 2 SCR 713, (1986) 35 DLR (4th) 1, 30 CCC (3d) 385, 86 CLLC 14, 55 CR (3d) 193 Links: Canlii Coram: Dickson CJ Supreme Court of Canada – the limitation of the protected right must be one that ‘it was reasonable for the legislature to impose’, and that the courts were ‘not … Continue reading Regina v Edwards Books and Art Ltd; 18 Dec 1986
Supreme Court of Canada – Constitutional law — Charter of Rights — Life, liberty and security of the person — Fundamental justice — Abortion — Criminal Code prohibiting abortion except where life or health of woman endangered — Whether or not abortion provisions infringe right to life, liberty and security of the person — If … Continue reading Morgentaler v Regina: 28 Jan 1988
Supreme Court of British Columbia – [1] The plaintiffs have challenged the Criminal Code of Canada provisions prohibiting physician-assisted dying, relying on the Canadian Charter of Rights and Freedoms. In the Reasons for Judgment that follow, I describe the evidence and legal arguments that have led me to conclude that the plaintiffs succeed in their … Continue reading Carter v Canada (Attorney General): 15 Jun 2012
Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Life, liberty and security of the person – Fundamental justice – Terminally ill patient seeking assistance to commit suicide – Whether Criminal Code provision prohibiting aiding a person to commit suicide infringes s. 7 of Canadian Charter of Rights and Freedoms – If … Continue reading Rodriguez v Attorney General of Canada: 30 Sep 1993
Ontario – High Court of Justice, Divisional Court – Negligence — Duty of care — Police not warning potential victim of serial rapist due to stereotypical belief that her hysterical response to warning would scare off rapist and make apprehension . .
References: 74 OR (2d) 225, 72 DLR (4th) 580, 5 CCLT (2d) 77, [1990] OJ No 1584 (QL), 10 WCB (2d) 577, 1 CRR (2d) 211, 50 CPC (2d) 92, 40 OAC 161, 22 ACWS (3d) 869 Links: Canlii Coram: O’Leary, Saunders and Moldaver JJ Ontario – High Court of Justice, Divisional Court – Negligence … Continue reading Doe v Metropolitan Toronto (Municipality)
Commissioners of Police; 30 Aug 1990
References: [1993] 7 WWR 641, [1993] 3 SCR 519, (1993) 24 CR (4th) 281, (1993) 82 BCLR (2d) 273, (1993) 85 CCC (3d) 15, (1993) 17 CRR (2d) 193, [1994] 2 LRC 136, (1993) 107 DLR (4th) 342 Links: Canlii Canlii (Supreme Court of Canada) Constitutional law – Charter of Rights – Life, liberty and … Continue reading Rodriguez v Attorney General of Canada; 30 Sep 1993
Links: Canlii Coram: The Honourable Madam Justice Lynn Smith Supreme Court of British Columbia – [1] The plaintiffs have challenged the Criminal Code of Canada provisions prohibiting physician-assisted dying, relying on the Canadian Charter of Rights and Freedoms. In the Reasons for Judgment that follow, I describe the evidence and legal arguments that have led … Continue reading Carter v Canada (Attorney General); 15 Jun 2012
