Borowski V Canada (AG)
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Borowski V Canada (AG)
''Borowski v Canada (AG)'', 9891 S.C.R. 342 is the leading Supreme Court of Canada decision on mootness of an appealed legal issue. The Court declined to decide whether the fetus had a right to life under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. Had they found in favour of Borowski, laws against abortion in Canada would have to have been again enacted. Thus, along with the later Supreme Court case ''Tremblay v Daigle'' (1989), ''Borowski'' "closed off litigation opportunities" by anti-abortion activists.Christopher P. Manfredi; Scott Lemieux, "Judicial Discretion and Fundamental Justice: Sexual Assault in the Supreme Court of Canada," ''The American Journal of Comparative Law'', Vol. 47, No. 3. (Summer, 1999), p. 500. Background Joseph Borowski was an anti-abortion activist in Saskatchewan who wanted to challenge the abortion provisions under section 251 of the Criminal Code as violations of the ''Charter'' rights to life, security of person and ...
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Attorney General Of Canada
The asterisk ( ), from Late Latin , from Ancient Greek , ''asteriskos'', "little star", is a typographical symbol. It is so called because it resembles a conventional image of a heraldic star. Computer scientists and mathematicians often vocalize it as star (as, for example, in ''the A* search algorithm'' or ''C*-algebra''). In English, an asterisk is usually five- or six-pointed in sans-serif typefaces, six-pointed in serif typefaces, and six- or eight-pointed when handwritten. Its most common use is to call out a footnote. It is also often used to censor offensive words. In computer science, the asterisk is commonly used as a wildcard character, or to denote pointers, repetition, or multiplication. History The asterisk has already been used as a symbol in ice age cave paintings. There is also a two thousand-year-old character used by Aristarchus of Samothrace called the , , which he used when proofreading Homeric poetry to mark lines that were duplicated. Origen is know ...
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Anti-abortion
Anti-abortion movements, also self-styled as pro-life or abolitionist movements, are involved in the abortion debate advocating against the practice of abortion and its legality. Many anti-abortion movements began as countermovements in response to the legalization of elective abortions. Abortion is the ending of a pregnancy by removal or expulsion of an embryo or fetus. Europe In Europe, abortion law varies by country, and has been legalized through parliamentary acts in some countries, and constitutionally banned or heavily restricted in others. In Western Europe this has had the effect at once of both more closely regulating the use of abortion, and at the same time mediating and reducing the impact anti-abortion campaigns have had on the law. France The first specifically anti-abortion organization in France, Laissez-les-vivre-SOS futures mères, was created in 1971 during the debate that was to lead to the Veil Law in 1975. Its main spokesman was the geneticist Jér ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Fetal Rights
Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term ''fetal rights'' came into wide usage after ''Roe v. Wade'', the 1973 landmark case that legalized abortion in the United States. The concept of fetal rights has evolved to include the issues of maternal substance use disorders, including alcohol use disorder and opioid use disorder. Most international human rights charters "clearly reject claims that human rights should attach from conception or any time before birth." While international human rights instruments lack a universal inclusion of the fetus as a person for the purposes of human rights, the fetus is granted various rights in the constitutions and civil codes of several countries. History In antiquity, the fetus was sometimes protected by restrictions on abortion. Some versions of the Hippocratic Oath indirectly protected the fetus by prohibiting abortifacients. Until approximately the mid-19th century, phil ...
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List Of Supreme Court Of Canada Cases (Dickson Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from Brian Dickson's appointment as Chief Justice on April 18, 1984, to his retirement on June 30, 1990. 1984 19851989 1990 See also * 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 (1984-1990) ...
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Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different fro ...
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Minister Of Justice Of Canada V
Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government with the rank of a normal minister but who doesn't head a ministry ** Shadow minister, a member of a Shadow Cabinet of the opposition ** Minister (Austria) * Minister (diplomacy), the rank of diplomat directly below ambassador * Ministerialis, a member of a noble class in the Holy Roman Empire * ''The Minister'', a 2011 French-Belgian film directed by Pierre Schöller See also * Ministry (other) * Minster (other) *''Yes Minister ''Yes Minister'' is a British political satire sitcom written by Antony Jay and Jonathan Lynn. Comprising three seven-episode series, it was first transmitted on BBC2 from 1980 to 1984. A sequel, ''Yes, Prime Minister'', ran for 16 episodes fr ...
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Therapeutic Abortion Committee
Therapeutic Abortion Committees (commonly known as TACs) were committees established under the Canadian Criminal Code (Canada), Criminal Code. Each committee consisted of three medical doctors who would decide whether a request for an abortion fit within the exception to the criminal offence of procuring a miscarriage, i.e. performing an abortion. The Criminal Code only permitted lawful abortion if continuation of a pregnancy would cause a woman medical harm, as certified by a TAC. The TACs were almost always composed of men, due to fewer women practicing medicine and even fewer having these types of high level positions. These restrictions on abortion were struck down as unconstitutional by the Supreme Court of Canada in its decision in ''R v Morgentaler'' in 1988. Abortion law in Canada prior to 1968 Prior to 1968, abortion was a criminal offence in Canada. Any woman who sought an abortion was potentially committing a criminal offence. If a doctor performed an abortion on ...
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Security Of Person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world. In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as ''habeas corpus''. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights. United Nations The right to security of the person is guaranteed by Article 3 of the ''Universal Declaration of Human Rights''. In this article, it is combined with the right to life and liberty. In full, the article reads, "Everyon ...
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Joseph Borowski
Joseph Paul Borowski (December 12, 1932 – September 23, 1996) was a Canadian politician and activist. From 1969 to 1971, he was a cabinet minister in Manitoba Premier Edward Schreyer's New Democratic Party (NDP) government. Subsequently, he gained national fame for his opposition to abortion. Early life Borowski was born in Wishart, Saskatchewan, and was educated at Birchcreek School in that province. He subsequently moved to Sudbury, Ontario, and Thompson, Manitoba, to work as a miner and steelworker. Borowski was Vice-President of the United Steelworkers of America Local 6166 in 1964-65, and helped to win municipal incorporation for Thompson at around the same time. He retired from manual labour in his 30s, and became the owner of a gift shop. Political career Borowski became a public figure in Manitoba during the late 1960s, when he camped outside the Legislative Assembly of Manitoba in extremely cold weather on two separate occasions. His first such action, i ...
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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 ...
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Court Of Appeal For Saskatchewan
The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, including the Chief Justice, who make up the Court of Appeal. At any given time there may be one or more additional justice siting as supernumerary justices. The Court is governed by ''The Court of Appeal Act, 2000'', which sets out the composition and jurisdiction of the Court. It hears appeals from the Court of King's Bench for Saskatchewan, the Provincial Court of Saskatchewan and a number of administrative tribunals. The Court is based in Regina, Saskatchewan and consists of the Chief Justice - styled the "Chief Justice of Saskatchewan". Justices of the Saskatchewan Court of Appeal are appointed and paid by the federal government. Most cases are heard by a panel of three justices, however, the Court sits with panels of five or seven from ...
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