E (Mrs) V Eve
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E (Mrs) V Eve
''E (Mrs) v Eve'', 9862 S.C.R. 388 is a judgment by the Supreme Court of Canada regarding a mother's request for the consent of the court to have her disabled daughter sterilized. This was a landmark case which is influential in Canadian legal decisions involving proxy-consented, non-therapeutic medical procedures performed on people of diminished mental capacity. Background Case Eve was a 24-year-old woman suffering from "extreme expressive aphasia" and was at least "mildly to moderately developmentally delayed" with learning skills at a limited level. _She_spent_the_week_at_a_school_for_adults_with_mental_disabilities,_and_went_back_to_her_mother's_home_on_the_weekends.__Administrators_at_Eve's_care_facility_noticed_that_she_was_developing_a_close_relationship_with_a_male_resident,_also_disabled,_and_became_concerned.__Mrs._E,_also,_was_concerned_that_Eve_might_innocently_become_pregnant.__Her_disability_prevented_her_from_understanding_the_concept_of_marriage_or_the_"consequen ...
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Supreme Court Of Prince Edward Island
The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the superior court of the Canadian province of Prince Edward Island. The Court is composed of five judges, led by its Chief Justice, currently Tracey L. Clements. The Supreme Court derives its jurisdiction from Prince Edward Island's ''Judicature Act'', enacted in its current form in 2008. History and functions Prior to 2008 reforms that were formally implemented in 2009, the superior court in Prince Edward Island was the Supreme Court of Prince Edward Island (Trial Division). With the passage of the ''Judicature Act'', the Supreme Court was stripped of its corresponding Appeal Division, now assigned to the newly created Court of Appeal of Prince Edward Island, while the Supreme Court of Prince Edward Island remained as a single-division superior court. All former justices of the Supreme Court (Trial Division) became justices of the Supreme Court. Pursuant to the ''Cons ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Human Sterilization (surgical Procedure)
Sterilization ( also spelled sterilisation) is any of a number of medical methods of birth control that intentionally leaves a person unable to reproduce. Sterilization methods include both surgical and non-surgical, and exist for both males and females. Sterilization procedures are intended to be permanent; reversal is generally difficult or impossible. There are multiple ways of having sterilization done, but the two that are used most frequently are tubal ligation for women and vasectomy for men. There are many different ways tubal sterilization can be accomplished. It is extremely effective and in the United States surgical complications are low. With that being said, tubal sterilization is still a method that involves surgery, so there is still a danger. Women that chose a tubal sterilization may have a higher risk of serious side effects, more than a man has with a vasectomy. Pregnancies after a tubal sterilization can still occur, even many years after the procedure. It i ...
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Aphasia
Aphasia is an inability to comprehend or formulate language because of damage to specific brain regions. The major causes are stroke and head trauma; prevalence is hard to determine but aphasia due to stroke is estimated to be 0.1–0.4% in the Global North. Aphasia can also be the result of brain tumors, brain infections, or neurodegenerative diseases (such as dementias). To be diagnosed with aphasia, a person's speech or language must be significantly impaired in one (or more) of the four aspects of communication following acquired brain injury. Alternatively, in the case of progressive aphasia, it must have significantly declined over a short period of time. The four aspects of communication are auditory comprehension, verbal expression, reading and writing, and functional communication. The difficulties of people with aphasia can range from occasional trouble finding words, to losing the ability to speak, read, or write; intelligence, however, is unaffected. Expressive lan ...
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Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead of the term ''agent''. That term should be distinguished from ...
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Tubal Ligation
Tubal ligation (commonly known as having one's "tubes tied") is a surgical procedure for female sterilization in which the fallopian tubes are permanently blocked, clipped or removed. This prevents the fertilization of eggs by sperm and thus the implantation of a fertilized egg. Tubal ligation is considered a permanent method of sterilization and birth control. Medical uses Female sterilization through tubal ligation is primarily used to permanently prevent a patient from having a spontaneous pregnancy (as opposed to pregnancy via in vitro fertilization) in the future. While both hysterectomy (the removal of the uterus) or bilateral oophorectomy (the removal of both ovaries) can also accomplish this goal, these surgeries carry generally greater health risks than tubal ligation procedures. Less commonly, tubal ligation procedures may also be performed for patients who are known to be carriers of mutations in genes that increase the risk of ovarian and fallopian tube cancer ...
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Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. The ...
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Parens Patriae
''Parens patriae'' is Latin for "parent of the nation" (lit., "parent of one's country"). In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention. In U.S. litigation, ''parens patriae'' can be invoked by the state to create its standing to sue; the state declares itself to be suing on behalf of its people. For example, the Hart-Scott-Rodino Antitrust Improvement Act of 197615 USC 15c, through Section 4C of the Clayton Act, permits state attorneys general to bring ''parens patriae'' suits on behalf of those injured by violations of the Sherman Antitrust Act. Discussion ''Parens patriae'' relates to a notion initially invoked ...
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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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Marion's Case
''Secretary of the Department of Health and Community Services v JWB and SMB'', commonly known as ''Marion's Case'',. is a leading decision of the High Court of Australia, concerning whether a child has the capacity to make decisions for themselves, and when this is not possible, who may make decisions for them regarding major medical procedures. It largely adopts the views in ''Gillick v West Norfolk Area Health Authority'', a decision of the House of Lords in England and Wales. Background "Marion", a pseudonym for the 14-year-old girl at the centre of this case, suffered from intellectual disabilities, severe deafness, epilepsy and other disorders. Her parents, a married couple from the Northern Territory sought an order from the Family Court of Australia authorising them to have Marion undergo a hysterectomy and an oophrectomy (removal of ovaries). The practical effect would be sterilisation and preventing Marion from being able to have children and many of the hormonal effe ...
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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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1986 In Canadian Case Law
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 **Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. **Spain and Portugal enter the European Community, which becomes the European Union in 1993. *January 11 – The Sir Leo Hielscher Bridges, Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. *January 13–January 24, 24 – South Yemen Civil War. *January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. *January 24 – The Voyager 2 space probe makes its first encounter with Uranus. *January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date to avoid a coincidence of ...
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