Tremblay V Daigle
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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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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 ...
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Pregnancy
Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but can also occur through assisted reproductive technology procedures. A pregnancy may end in a live birth, a miscarriage, an induced abortion, or a stillbirth. Childbirth typically occurs around 40 weeks from the start of the last menstrual period (LMP), a span known as the gestational age. This is just over nine months. Counting by fertilization age, the length is about 38 weeks. Pregnancy is "the presence of an implanted human embryo or fetus in the uterus"; implantation occurs on average 8–9 days after fertilization. An '' embryo'' is the term for the developing offspring during the first seven weeks following implantation (i.e. ten weeks' gestational age), after which the term ''fetus'' is used until birth. Signs an ...
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National Assembly Of Quebec
The National Assembly of Quebec (officially in french: link=no, Assemblée nationale du Québec) is the legislative body of the province of Quebec in Canada. Legislators are called MNAs (Members of the National Assembly; french: link=no, députés). The King in Right of Quebec, represented by the Lieutenant Governor of Quebec and the National Assembly compose the Legislature of Quebec, which operates in a fashion similar to those of other Westminster-style parliamentary systems. The assembly has 125 members elected first past the post from single-member districts. The National Assembly was formerly the lower house of Quebec's legislature and was then called the Legislative Assembly of Quebec. In 1968, the upper house, the Legislative Council, was abolished and the remaining house was renamed. The office of President of the National Assembly is equivalent to speaker in other legislatures. As of the 2022 Quebec general election, Coalition Avenir Québec has the most seats ...
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Theology
Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline, typically in universities and seminaries. It occupies itself with the unique content of analyzing the supernatural, but also deals with religious epistemology, asks and seeks to answer the question of revelation. Revelation pertains to the acceptance of God, gods, or deities, as not only transcendent or above the natural world, but also willing and able to interact with the natural world and, in particular, to reveal themselves to humankind. While theology has turned into a secular field , religious adherents still consider theology to be a discipline that helps them live and understand concepts such as life and love and that helps them lead lives of obedience to the deities they follow or worship. Theologians use various forms of analysis and argument ( experiential, philosophical, ethnographic, historical, and others) to help understa ...
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Philosophy
Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some sources claim the term was coined by Pythagoras ( BCE), although this theory is disputed by some. Philosophical methods include questioning, critical discussion, rational argument, and systematic presentation. in . Historically, ''philosophy'' encompassed all bodies of knowledge and a practitioner was known as a ''philosopher''."The English word "philosophy" is first attested to , meaning "knowledge, body of knowledge." "natural philosophy," which began as a discipline in ancient India and Ancient Greece, encompasses astronomy, medicine, and physics. For example, Newton's 1687 ''Mathematical Principles of Natural Philosophy'' later became classified as a book of physics. In the 19th century, the growth of modern research universiti ...
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Biology
Biology is the scientific study of life. It is a natural science with a broad scope but has several unifying themes that tie it together as a single, coherent field. For instance, all organisms are made up of cells that process hereditary information encoded in genes, which can be transmitted to future generations. Another major theme is evolution, which explains the unity and diversity of life. Energy processing is also important to life as it allows organisms to move, grow, and reproduce. Finally, all organisms are able to regulate their own internal environments. Biologists are able to study life at multiple levels of organization, from the molecular biology of a cell to the anatomy and physiology of plants and animals, and evolution of populations.Based on definition from: Hence, there are multiple subdisciplines within biology, each defined by the nature of their research questions and the tools that they use. Like other scientists, biologists use the sc ...
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Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ, french: Code civil du Québec) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the ''Civil Code of Lower Canada'' (french: Code civil du Bas-Canada) enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. Scope The Code's scope is summarized in its preliminary provision: The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the ''jus commune'', or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as the foundation of all other adjacent laws, although other laws may supplement the Code or make exceptions to it.'' As the cornerstone of Quebec's legal system, the Civil Code is frequently amended in order to keep in step with the demands of modern society. ...
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Quebec Charter Of Human Rights And Freedoms
The ''Charter of Human Rights and Freedoms'' (french: Charte des droits et libertés de la personne), also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson. The Charter recognizes that every person on the territory of Quebec is equal in value and in dignity. Since the Charter aims to guarantee human rights and to harmonize the relations between citizens, and between citizens and institutions, the Charter binds the state (legislature, executive, administrative) and applies to private law relations (between persons). The Charter also establishes the '' Commission des droits de la personne et des droits de la jeunesse ...
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Canadian Federalism
Canadian federalism () involves the current nature and historical development of the federal system in Canada. Canada is a federation with eleven components: the national Government of Canada and ten provincial governments. All eleven governments derive their authority from the Constitution of Canada. There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament, and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the ''Constitution Act, 1867'' (originally called the ''British North America Act, 1867''), a key docum ...
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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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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Right To Life
The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as immoral; abortion, where some feel an unborn fetus is alive and should not be ended prematurely; euthanasia, where the decision to end one's life outside of natural means is seen as incorrect; and in killings by law enforcement, which is seen by some as an infringement of a person's right to live. Various individuals may disagree in which of these areas the principle of a right to life might apply. Abortion The term "right to life" is used in the abortion debate by those who wish to end the practice of abortion, or at least reduce the frequency of the practice,Solomon, Martha"The Rhetoric of Right to Life: Beyond the Court's Decision" Paper presented at the Southern Speech Communication Association (Atlanta, Georgia, April 4–7, 1978) ...
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