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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 th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Justice of Canada on April 18, 1984. He retired on June 30, 1990. Dickson's tenure as chief justice coincided with the first wave of cases under the new ''Canadian Charter of Rights and Freedoms'' which reached the Supreme Court from 1984 onwards. Dickson wrote several very influential judgments dealing with the ''Charter'' and laid the groundwork for the approach that the courts would take to the ''Charter''. Early life and family Dickson was born to Thomas Dickson and Sarah Elizabeth Gibson, in Yorkton, Saskatchewan, in 1916, although the family lived at that time in Wynyard.M.A. MacPherson, "About Brian, Bill and Me: Regina Collegiate", in DeLloyd J. Guth (ed.), ''Brian Dickson at the Supreme Court of Canada 1973-1990'' (Winnipeg: Canad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gérard La Forest
Gérard Vincent La Forest (born April 1, 1926) is a former puisne justice of the Supreme Court of Canada. He served there from January 16, 1985 to September 30, 1997. He is currently counsel at law firm Stewart McKelvey in Fredericton, New Brunswick. Early life and education Born in Grand Falls, New Brunswick, to J. Alfred La Forest and Philomène Lajoie, he first studied at St. Francis Xavier University and then went on to study law at the University of New Brunswick, obtaining a BCL in 1949. Following law school he was awarded a Rhodes scholarship and attended St John's College, Oxford receiving a BA in 1951 and an MA in 1956. He then went on the study at Yale University, completing an LL.M in 1965 and an LL.D in 1966. He was called to the Bar of New Brunswick in 1949 and was designated a Queen's Counsel in 1968. Career From 1952 to 1955 he worked in the federal Department of Justice then later as a legal advisor. In 1956 La Forest began teaching at the University of New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William McIntyre (judge)
William Rogers McIntyre, (March 15, 1918 – June 14, 2009) was a Canadian Puisne Justice of the Supreme Court of Canada. Born in Lachine, Quebec, the son of Charles Sidney McIntyre and Pauline May Sifton, he moved with his family to Moose Jaw, Saskatchewan when he was young. In 1939, he received a Bachelor of Arts degree from the University of Saskatchewan. After serving during World War II, he received his Bachelor of Laws in 1946 from University of Saskatchewan. In 1947, he was called to the Bars of Saskatchewan and British Columbia and practiced law in Victoria, British Columbia. In 1967, he was appointed to the Supreme Court of British Columbia and elevated to the British Columbia Court of Appeal in 1973. In 1979, he was appointed to the Supreme Court of Canada and retired in 1989. In 1991, he was made a Companion of the Order of Canada. Death McIntyre died in Victoria, British Columbia from throat cancer Cancer is a group of diseases involving abnormal cell gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Conscience
Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by developing knowledge, concepts, theories and assessing them in the given environment. This cognitive proficiency gives a sense of contentment and replaces the feeling of helplessness. Apart from bringing ease to the ego of a person, new knowledge and ideas also bring a hope for the future. Freedom of thought is the precursor and progenitor of—and thus is closely linked to—other liberties, including freedom of religion, freedom of speech, and freedom of expression. Though freedom of thought is axiomatic for many other freedoms, they are in no way required for it to operate and exist. The conception of a freedom or a right does not guarantee its inclusion, legality, or protection via a philosophical caveat. It is a very important concep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Two Of The Canadian Charter Of Rights And Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' ("''Charter''") is the section of the Constitution of Canada that lists what the ''Charter'' calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association. Section 1 of the ''Charter'' permits Parliament or the provincial legislatures to enact laws that place certain kinds of limited restrictions on the freedoms listed under section 2. Additionally, these freedoms can be temporarily invalidated by section 33, the "notwithstanding clause", of the ''Charter''. As a part of the ''Charter'' and of the larger ''Constitution Act, 1982'', section 2 took legal e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bertha Wilson
Bertha Wernham Wilson (September 18, 1923April 28, 2007) was a Canadian jurist and the first female puisne justice of the Supreme Court of Canada. Before her ascension to Canada's highest court, she was the first female associate and partner at Osler, Hoskin & Harcourt and the first woman appointed to the Court of Appeal for Ontario. During her time at Osler, she created the first in-firm research department in the Canadian legal industry. Early life Wilson was born in Kirkcaldy, Scotland, on September 18, 1923. She was the daughter of Archibald Wernham and Christina Noble. Wilson received a Master of Arts degree in philosophy from the University of Aberdeen in 1944. In 1949, Bertha Wilson emigrated to Canada with her husband, Reverend John Wilson, a Presbyterian minister, whom she had married in 1945. The couple settled in Renfrew, Ontario, after John Wilson accepted a posting as a pastor. Three years later, in 1952, her husband became a naval chaplain during the Korean War, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Willard Estey
Willard Zebedee "Bud" Estey (October 10, 1919 – January 25, 2002) was a Canadian justice of the Supreme Court of Canada. Estey was born in Saskatoon, Saskatchewan. He was the son of James Wilfred Estey, a puisne justice of the Supreme Court of Canada, and Muriel Baldwin. He studied at the University of Saskatchewan earning a BA in 1940 and an LL.B in 1942. He joined the armed forces and fought during World War II, including acting as a Canadian Observer with US forces during the battle for Okinawa. Upon returning to Canada went to study at Harvard Law School and received a LL.M in 1946. From 1946 he taught at the University of Saskatchewan and then moved to Ontario the following year to practice law. In 1973, he was appointed to the Court of Appeal for Ontario and two years later was named Chief Justice of the High Court of Justice of Ontario. He became Chief Justice of Ontario in 1976. He was appointed to the Supreme Court of Canada in 1977 to replace Wilfred Judso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jean Beetz
Jean-Marie Philémon Joseph Beetz, , c.r. (March 27, 1927 – September 30, 1991) was a Canadian lawyer, academic and judge from Quebec. He served as a puisne justice of the Supreme Court of Canada from 1974 to 1988. Family and early life Born in Montreal, Quebec, Beetz was the son of Jean Beetz and Jeanne Cousineau.Supreme Court of Canada Biography: Jean Beetz He was the grandson of Johan Beetz, a Canadian naturalist of Belgian origin. Beetz earned a Bachelor of Arts degree in 1947 from the Université de Montréal and a Licentiate of Laws in 1950. He was awarded a Rhodes Scholarship and attended Pembroke College, Oxford, where he received Bachelor of Arts and Master of Arts degrees in 1953. Legal career Beetz was called to the bar in Quebec before leaving for England on his Rhodes Scholarship. On his return to Canada in 1953, he became an assistant professor teaching Canadian constitutional law at the Université de Montréal. He taught there for twenty years, includin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oakes Test
Section 1 of the ''Canadian Charter of Rights and Freedoms'' is the section that confirms that the rights listed in the Charter are ''guaranteed''. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's ''Charter'' rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in ''R v Sharpe''), hate speech (e.g., in ''R v Keegstra''), and obscenity (e.g., in ''R v Butler''). When the government has limited an individual's right, there is an onus upon the Crown to show, on the balance of probabilities, firstly, that the limitation was ''prescribed by law'' namely, that the law is attuned to the values of ''accessibility'' and ''intelligibility''; and secondly, that it is ''justified in a free and democratic society'', which means that it must have a justifiable purpose and must be proportional. Text Under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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