R. V. Sullivan
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R. V. Sullivan
''R v Sullivan'', 9911 S.C.R. 489 was a decision by the Supreme Court of Canada on negligence and whether a partially born fetus is a person. Background Two individuals were hired as midwives, though they were not members of the medical profession. During the childbirth, which took place in a home rather than a hospital, the mother's contractions stopped after the child's head appeared. The midwives tried to induce further contractions but failed, and after the mother was bruised, she was taken to a hospital, and the child was removed from her but was not alive. The midwives were charged with negligence regarding both the child and the mother. The British Columbia Court of Appeal, examining the common law, found that in order to be legally considered a person, one must be fully outside the mother's body and must be alive at birth. Thus, the midwives could not be guilty of negligence regarding the fetus, as negligence occurs only with respect to persons. The Women's Legal Educatio ...
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R V Brown (2022)
''R v Brown'', 2022 SCC 18, is a decision of the Supreme Court of Canada on the constitutionality of section 33.1 of the ''Criminal Code'', which prohibited an accused from raising self-induced intoxication as a defence to criminal charges. The Court unanimously held that the section violated the ''Charter of Rights and Freedoms'' and struck it down as unconstitutional. The Court delivered the ''Brown'' decision alongside the decision for its companion case ''R v Sullivan''. The case was a successor to the Court's controversial 1994 landmark decision in ''R v Daviault'', which held the common law " Leary rule", which restricts intoxication from being used as a defence, while constitutional to the extent it relates to normal forms of intoxication, could not be justified as it related to extreme forms intoxication akin to automatism. The case had sparked outcry, which served as a catalyst for Parliament enacting section 33.1. Parliament would likewise respond to the ''Brown'' ruli ...
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Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ...
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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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Yale Law School
Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U.S. News & World Report'' every year between 1990 and 2022, when Yale made a decision to voluntarily pull out of the rankings, citing issues with the rankings' methodology. One of the most selective academic institutions in the world, the 2020–21 acceptance rate was 4%, the lowest of any law school in the United States. Its Yield (college admissions), yield rate of 87% is also consistently the highest of any law school in the United States. Yale Law alumni include many List of Yale Law School alumni, prominent figures in law and politics, including President of the United States, United States presidents Gerald Ford and Bill Clinton and former United States Secretary of State, U.S. secretary of state and presidential nominee, Hillary Cli ...
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Yale Journal Of Law And Feminism
The ''Yale Journal of Law and Feminism'' is a law review published biannually by Yale Law School. It was established in 1987 to provide a forum for "women's experiences as they have been structured, affected, controlled, discussed, and ignored by the law." The journal publishes articles, ''inter alia'', on reproductive freedom, the concerns of women of color, judicial prosecution of prostitutes, criticism of judicial deference to the military, and the feminization of poverty Feminization of poverty refers to a trend of increasing economic inequality, inequality in living standards between men and women due to the widening gender pay gap, gender gap in poverty. This phenomenon largely links to how women and children ar .... External links * {{Official, http://www.law.yale.edu/academics/YJLF.htm Yale Law School American law journals Biannual journals Publications established in 1987 English-language journals ...
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List Of Supreme Court Of Canada Cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada to his retirement. 19901994 19951999 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 (1990-2000) ...
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List Of Gender Equality Lawsuits
This page has a list of lawsuits related to equality of the sexes. See also * Ladies' night § Legality in the United States References External links Walmart Class(class action sex discrimination lawsuit against Wal-Mart) Judge certifies Wal-Mart class action - U.S. business- nbcnews.com {{DEFAULTSORT:Gender equality lawsuits Case law lists by subject Lawsuits Human rights-related lists Lists of lawsuits * ...
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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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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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Peter Hogg
Peter Wardell Hogg (12 March 1939 – 4 February 2020) was a New Zealand-born Canadian legal scholar and lawyer. He was best known as a leading authority on Canadian constitutional law, with the most academic citations in Supreme Court jurisprudence of any living scholar during his lifetime, according to Emmett Macfarlane of the University of Waterloo. Early life and education Born in Lower Hutt, New Zealand, on 12 March 1939, Hogg attended Nelson College from 1952 to 1956. He earned his LLB from Victoria University College, a constituent college of the University of New Zealand, in 1962, his LLM from Harvard University in 1963, and his PhD from Monash University in Melbourne, Australia, in 1970. Career In 1970, he was appointed Professor of Law at Osgoode Hall Law School in Toronto and was appointed Dean in 1998. In 2003 he accepted a position as scholar in residence at the law firm of Blake, Cassels & Graydon LLP. Hogg wrote several books, including ''Constitutional Law of ...
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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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Sexual Equality
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing different behaviors, aspirations and needs equally, regardless of gender. Gender equality is the goal, while gender neutrality and gender equity are practices and ways of thinking that help in achieving the goal. Gender parity, which is used to measure gender balance in a given situation, can aid in achieving gender equality but is not the goal in and of itself. Gender equality is more than just equal representation, it is strongly tied to women's rights, and often requires policy changes. , the global movement for gender equality has not incorporated the proposition of genders besides women and men, or gender identities outside of the gender binary. UNICEF says gender equality "means that women and men, and girls and boys, enjoy the sa ...
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