These cases are related and were decided on the same day. The Canadian abstract contains summaries of thousands of Canadian common law cases from 1803 and unreported cases from 1986 to the present for common law provinces. Civil law cases in Quebec are not included. Abridgment is available online and in printed form. Library for legal classics. Full text of more than 100 legal texts, including Blackstone`s Commentaries (1803), Cardozo`s Growth of the Law (1924), and The First Edition of Commentaries on the Constitution of the United States (1833) by Story. The Provincial Statute of Canada contains provincial laws for ten of Canada`s provinces. Contains public and private laws passed by Canadian provincial governments. Up-to-date, revised and historical content is now available for Alberta, British Columbia, New Brunswick, Nova Scotia and Ontario.
Historical and revised content is only available for Manitoba, Newfoundland and Labrador, Prince Edward Island, Quebec and Saskatchewan. Charter cases are intended to provide a general overview of cases that have had an impact on Canadian society and have contributed to creating the legal framework for the analysis of Charter claims. The cases listed below demonstrate the day-to-day impacts of the Charter and have contributed to advancing the protection of the Charter for all Canadians. When looking for cases, your goal is to find main cases. Look For Nour Marakah sent text messages about illegal gun transactions to his accomplice Andrew Winchester. During their investigation, the police executed several search warrants, then arrested Mr. Marakah and Mr. Winchester and confiscated the two mobile phones. Both phones were subject to a forensic search, which revealed text messages implicating the two men in the arms trade.
The majority of the Supreme Court decided to remove the abortion provisions of the penal code because they required women to carry a fetus to term unless they met certain criteria, such as obtaining a certificate. The legal system has prevented many women from obtaining a legal abortion, even though wearing the fetus would cause them psychological or physical harm. This was considered a violation of the human right to security, as it profoundly affected a woman`s physical integrity. Justice Bertha Wilson also found that the law interfered with women`s right to liberty because it did not allow women to make decisive decisions about their own lives or health without state interference. Lexis Nexis Butterworths (LNB) contains primary and secondary legal documents from the UK, EU, US and many other countries. The New Brunswick Secretary of Health and Community Services received custody of Ms. G.`s three children for a period of six months. The minister wanted to extend the custody order for another six months. The children`s mother wanted to go to court to argue against the extension of the custody order, but could not afford to hire a lawyer. She applied for legal aid under new Brunswick`s National Legal Aid Program, but was rejected because the program did not cover lawyers` fees in custody cases at the time. They argued that these restrictions deprived sex workers of their right to security by forcing them to work in secret, which prevented them from taking important and vital security measures, even though prostitution itself was legal. Since many judgments are based on previous cases, the cases are listed in chronological order.
LNB is also an excellent source of US primary legal material and contains a large amount of legal commentary from the UK and us. M. applied for spousal support under the Family Act after the end of their same-sex relationship. The law defines a spouse as a legally married person, or an unmarried man or woman who has lived with a member of the opposite sex for at least three years. It has particularly interesting collections of British business and includes in particular The Law Reports and The All England Law Reports, as well as numerous series of specialist reports. It is also a good source of UK legislation as it covers all UK laws and legal instruments in their current form. The case shows that equality does not necessarily mean equal treatment for all. In some cases, disadvantaged groups may need more services or programs.
Governments, employers and service providers must consider the need to remove barriers to enable the full participation of persons with disabilities in Canadian society. In 2003, British Columbia health authorities opened a supervised injection drug site to combat the HIV/AIDS and hepatitis C epidemic in Vancouver`s Eastside of downtown Vancouver. In order for the operation of these sites to be considered legal, the federal Minister of Health must grant a waiver of the prohibitions on the possession and trade of controlled substances. In 2008, British Columbia health authorities filed an application for a new exemption before the previous one expired. The Minister denied the request. The organization that manages the site and a number of its clients argued that the Minister`s decision violated the individual`s right to life, liberty and security. Canada Digests are only available on Lexis Advance Quicklaw. There are 52 summaries of individual case topics that can be found via the database navigation function. Like the abbreviation, Canada Digest titles can be searched or searched in the table of contents.
Each summary contains a link to the full text of the case, if available. Westlaw is an extensive database of UK, US and international legal documents, including business, law and journal articles. Wife. G challenged the province`s legal aid program, arguing that it violated their right to security of the person because the hearing would not be fair if she did not have legal representation. The Supreme Court agreed, noting that when the government takes a child away from a parent, it causes so much distress, stigma and a breakdown of the parent-child bond that it compromises the safety of the person`s parents. This means that in such cases, the Charter guarantees the parent a right to a fair trial, which may require legal representation from the parent. If the case involves complicated facts or legal arguments, and the parent cannot afford to pay for a lawyer, the government must pay for the parent`s legal representation. This case allowed parents who wanted to challenge a child`s removal from custody by a government agency to meaningfully participate in the custody hearing.
It also confirmed that the protection of the right to life, liberty and security of the person in the Charter is not limited to purely criminal cases. M. claimed that the law violated his equality rights because it treated unmarried couples of different sexes differently from unmarried same-sex couples. The Supreme Court found that the law discriminated against people who have same-sex relationships. The law implied that their relationships were less valuable, less worthy of recognition, and less worthy of legal protection than the relationships of opposite-sex couples. This denial of the equality and dignity of human beings in the eyes of the law is exactly what the Charter should protect itself from. The Law Journal Library includes more than 500 American, British, Australian and international law journals. For most journals, the date report starts very early (in many cases at the first issue). However, the latest issues (within the last calendar year) are sometimes not available due to licensing restrictions.
HeinOnline makes these reviews available on an ongoing basis every year. Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 SCR 1120 Gillian Frank and Jamie Duong were Canadian citizens living abroad. Nevertheless, they had close ties to Canada and wanted to participate in federal elections. They could not do that because Canadian election law prohibited Canadian citizens who lived outside of Canada from voting. They challenged these provisions as an unjustified violation of section 3 of the Charter, which protects citizens` right to vote. Owen Swain was arrested in 1983 for assaulting his wife and children and was charged with assault and aggravated assault. Fortunately, they did not suffer any serious injuries.
At his trial, Swain testified that during the incident, he believed he should protect his wife and children from demons. Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927 The Supreme Court ruled that these provisions violated the right to safety by increasing the serious risks to which sex workers were exposed on a daily basis. The government has not proven that these provisions are an adequate response to the harms caused by social harassment and the exploitation of sex workers.