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Azoulay V. The Queen
''Azoulay v R'', 9522 S.C.R. 495 was a decision by the Supreme Court of Canada on abortion in Canada. The court found that with evidence so complicated, a judge should summarize it to a jury. Background Dr. Leon Azoulay was accused of murder after one of his patients died. This woman, described by Justice James Wilfred Estey as "Mrs. P.", had allegedly received an abortion from Azoulay which wound up causing a fatal haemorrhage. An autopsy revealed evidence of an abortion. At trial, the judge spoke about the law under which Azoulay was charged, and told the jury that if they found Azoulay guilty, there must be evidence beyond a reasonable doubt. He also declined to summarize the facts of the case, saying that they "have been well elaborated by the Defence and the Crown." Azoulay was found guilty of manslaughter. Quebec's court of appeal upheld the conviction, albeit with the Chief Justice dissenting that the trial judge's discussion with the jury was inadequate. Decision ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quebec Court Of Appeal
The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court was created on May 30, 1849, as the Court of Queen's Bench (''Cour du Banc de la Reine'' in French) – or Court of King's Bench (''Cour du Banc du Roi'' in French) depending on the gender of the current Monarch serving as Canada's head of state. The Court's judges had jurisdiction to try criminal cases until 1920, when it was transferred to the Superior Court. In 1974, it was officially renamed the Quebec Court of Appeal. Jurisdiction Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the either the Superior Court of Quebec or the Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Final judgments in civil cases are appellable as of right if the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spencer V
Spencer may refer to: People *Spencer (surname) **Spencer family, British aristocratic family ** List of people with surname Spencer * Spencer (given name), a given name (including a list of people with the name) Places Australia *Spencer, New South Wales, on the Central Coast * Spencer Gulf, one of two inlets on the South Australian coast United States * Spencer, Idaho *Spencer, Indiana *Spencer, Iowa *Spencer, Massachusetts **Spencer (CDP), Massachusetts *Spencer, Missouri * Spencer, Nebraska *Spencer, New York **Spencer (village), New York *Spencer, North Carolina * Spencer, Ohio *Spencer, Oklahoma *Spencer, South Dakota *Spencer, Tennessee *Spencer, Virginia *Spencer, West Virginia *Spencer, Wisconsin **Spencer (town), Wisconsin *Spencer County, Indiana *Spencer County, Kentucky Ireland *Spencer Dock, North Wall, Dublin Arts and entertainment Fictional characters *Spencer, character in ''Beyblade'' *Spencer, character from ''Final Fantasy Mystic Quest'' * Spencer family ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Abortion Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1952 In Canadian Case Law
Year 195 ( CXCV) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Scrapula and Clemens (or, less frequently, year 948 ''Ab urbe condita''). The denomination 195 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Emperor Septimius Severus has the Roman Senate deify the previous emperor Commodus, in an attempt to gain favor with the family of Marcus Aurelius. * King Vologases V and other eastern princes support the claims of Pescennius Niger. The Roman province of Mesopotamia rises in revolt with Parthian support. Severus marches to Mesopotamia to battle the Parthians. * The Roman province of Syria is divided and the role of Antioch is diminished. The Romans annexed the Syrian cities of Edessa and Nisibis. Severus re-establish his head ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tremblay V Daigle
''Tremblay v Daigle'' 9892 S.C.R. 530, was a decision of the Supreme Court of Canada in which it was found that a fetus has no legal status in Canada as a person, either in Canadian common law or in Quebec civil law.Dunsmuir, Mollie. 1991 Reviewed 18 August 199Abortion: Constitutional and Legal DevelopmentsLibrary of Parliament, Research Branch, Law and Government Division. Current Issue Review 89-10E. This, in turn, meant that men, while claiming to be protecting fetal rights, cannot acquire injunctions to stop their partners from obtaining abortions in Canada. Background By the time the legal controversy began, Canadian abortion law had already been mostly invalidated, as the Therapeutic Abortion Committees were found unconstitutional under section 7 of the Canadian Charter of Rights and Freedoms in ''R v Morgentaler'' (1988). That case, however, while finding the committees were unfair to women requiring therapeutic abortions, had not resolved the issue of the status of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Morgentaler (1993)
''R v Morgentaler'' was a decision by the Supreme Court of Canada invalidating a provincial attempt to regulate abortions in Canada. This followed the 1988 decision '' R. v. Morgentaler'', which had struck down the federal abortion law as a breach of section 7 of the ''Canadian Charter of Rights and Freedoms''. In 1993, the provincial regulations were ruled to be a criminal law, which would violate the ''Constitution Act, 1867''. That Act assigns criminal law exclusively to the federal Parliament of Canada. Background Having won his case in ''R v Morgentaler'', abortion rights activist Henry Morgentaler planned to open an abortion clinic in Nova Scotia. The provincial government responded by passing legislation that would outlaw such clinics (as a provincial offence) and limit abortions to recognized hospitals. This regulation was not limited to abortion but also covered liposuction and other procedures; indeed, the provincial government claimed it was merely fighting th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Morgentaler
''R v Morgentaler'', 9881 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the ''Criminal Code'' was unconstitutional because it violated women's rights under section 7 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") to security of the person. Since this ruling, there have been no criminal laws regulating abortion in Canada. Background Prior to this ruling, section 251(4) of the ''Criminal Code'', allowed for abortions to be performed solely at accredited hospitals with the proper certification of approval from the hospital's Therapeutic Abortion Committee. Three doctors, Henry Morgentaler, Leslie Frank Smoling and Robert Scott, set up an abortion clinic in Toronto for the purpose of performing abortions on women who had not received certification from the Therapeutic Abortion Committee, as required under subsection 251(4) of the ''Criminal Code''. By doing so, they were attempting to bring public attention to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morgentaler V R
''Morgentaler v R'' (also known as ''Morgentaler v The Queen'') is a decision of the Supreme Court of Canada where physician Henry Morgentaler unsuccessfully challenged the prohibition of abortion in Canada under the Criminal Code. The Court found the abortion law was appropriately passed by Parliament under the laws of federalism. This was the first of three Supreme Court decisions on abortion that were brought by Morgentaler. Background Morgentaler was prosecuted, for openly providing abortions, by the provincial government of Quebec three times, but they failed to secure a conviction at a jury trial: * The first Quebec case was in 1973. Morgentaler used the ''defence of necessity'', that abortions were necessary for his patients' life or health. The jury acquitted him. However, Quebec's provincial appeal court reversed the acquittal and replaced it with a conviction and a prison term. * In 1975, a jury in Quebec again found Morgentaler not guilty. However, Morgentaler was alr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases (Richards Court Through Fauteux Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the Privy Council. 1875–99 19001949 19501959 19601969 1970–73 See also * List of Judicial Committee of the Privy Council cases * List of notable Canadian Courts of Appeals cases A select number of decisions from the Courts of Appeal have proven to be the leading case law in a number of fields and have subsequently been adopted across all provinces, or else they are famous decisions in their own right. Most frequently the ... {{Supreme Court of Canada (1867-1984) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gérald Fauteux
Joseph Honoré Gérald Fauteux (October 22, 1900 – September 14, 1980) was the 13th Chief Justice of Canada from 1970 to 1973. Born in Saint-Hyacinthe, Quebec, the son of Homère Fauteux and Héva Mercier, he studied at the Université de Montréal and graduated with an LL.L in 1925. Called to the bar that year, he settled in Montreal, where he practised with his uncle, Honoré Mercier Jr., forming the law firm of Mercier & Fauteux. From 1930 to 1936, he was Crown Prosecutor for Montreal, and in 1939 he became Chief Crown Prosecutor of the province of Quebec. In 1946 he was a legal adviser with the Royal Commission on Spying Activities in Canada. He taught criminal law as a sessional lecturer at McGill University for 14 years and was the dean of the Faculty of Law from 1949 to 1950. In 1947 he was appointed to the Quebec Superior Court and to the Supreme Court of Canada on December 22, 1949. He was also one of the founders of the University of Ottawa's law faculty, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ivan Rand
Ivan Cleveland Rand (April 27, 1884 – January 2, 1969) was a Canadian lawyer, politician, academic, and justice of the Supreme Court of Canada. He has been described as 'probably the greatest judge in Canada's history'. Early life and career Born in Moncton, New Brunswick, the son of Nelson Rand and Minnie Turner, he received a Bachelor of Arts degree from Mount Allison University in 1909. In 1912, he received a Bachelor of Law degree from Harvard Law School. He was called to the bar of New Brunswick in 1912. From 1912 to 1920, he practiced law in Medicine Hat, Alberta. Returning to Moncton in 1920, he joined the Canadian National Railways as a counsel. In 1924, he was named Attorney General of New Brunswick and was a member of the Legislative Assembly of New Brunswick from February to June 1925. Judicial career On April 22, 1943, he was appointed to the Supreme Court of Canada on the recommendation of William Lyon Mackenzie King. During his tenure, Rand deliver ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Taschereau
Robert Taschereau (September 10, 1896 – July 26, 1970) was a lawyer who became the 11th Chief Justice of Canada and who briefly served as the Administrator of the Government of Canada following the death of Governor General of Canada Georges Vanier in 1967. Biography He was born in Quebec City in 1896 to Louis-Alexandre Taschereau and Adine Dionne. He came from a family of politicians and lawyers; his father later became Premier of Quebec and his grandfather, Jean-Thomas Taschereau, was on the Supreme Court of Canada. He studied at Laval University and obtained a B.A. degree in 1916 and LL.L. in 1920. Following a career as a lawyer, Taschereau entered politics as a Liberal and won a seat in the Quebec National Assembly in 1930. He held his seat of the riding of Bellechasse until retiring in 1936. Supreme Court Judge On February 9, 1940, he was appointed to the Supreme Court of Canada, filling the vacancy created by the death of his former law partner, Lawrence Cannon. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
