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R. V. Morgentaler (1993)
''R v Morgentaler'' was a decision by the Supreme Court of Canada invalidating a provincial attempt to regulate abortions in Canada. This followed the 1988 decision '' R. v. Morgentaler'', which had struck down the federal abortion law as a breach of section 7 of the ''Canadian Charter of Rights and Freedoms''. In 1993, the provincial regulations were ruled to be a criminal law, which would violate the ''Constitution Act, 1867''. That Act assigns criminal law exclusively to the federal Parliament of Canada. Background Having won his case in ''R v Morgentaler'', abortion rights activist Henry Morgentaler planned to open an abortion clinic in Nova Scotia. The provincial government responded by passing legislation that would outlaw such clinics (as a provincial offence) and limit abortions to recognized hospitals. This regulation was not limited to abortion but also covered liposuction and other procedures; indeed, the provincial government claimed it was merely fighting th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nova Scotia Supreme Court
The Nova Scotia Supreme Court is a superior court in the province of Nova Scotia. The Supreme Court consists of 25 judicial seats including the position of Chief Justice and Associate Chief Justice. At any given time there may be one or more additional justices who sit as supernumerary justices. The justices sit in 18 different locations around the province. Jurisdiction As with all superior courts across the country, the court is said to have inherent jurisdiction. It hears civil and criminal trials. The criminal trials can be judge alone or judge and jury. The court will also hear appeals from the provincial court, small claims court, Family court, and various provincial tribunals. Appeals of Supreme Court decisions are then made to the Nova Scotia Court of Appeal. History While the first court administering the Common Law was established in Annapolis Royal in 1721, the creation of a Supreme Court took place on October 21, 1754, several years before the Province was grant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Health Care
Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health professionals and allied health fields. Medicine, dentistry, pharmacy, midwifery, nursing, optometry, audiology, psychology, occupational therapy, physical therapy, athletic training, and other health professions all constitute health care. It includes work done in providing primary care, secondary care, and tertiary care, as well as in public health. Access to health care may vary across countries, communities, and individuals, influenced by social and economic conditions as well as health policies. Providing health care services means "the timely use of personal health services to achieve the best possible health outcomes". Factors to consider in terms of health care access include financial limitations (such as insurance cove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of power ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Therapeutic Abortion Committee
Therapeutic Abortion Committees (commonly known as TACs) were committees established under the Canadian Criminal Code. Each committee consisted of three medical doctors who would decide whether a request for an abortion fit within the exception to the criminal offence of procuring a miscarriage, i.e. performing an abortion. The Criminal Code only permitted lawful abortion if continuation of a pregnancy would cause a woman medical harm, as certified by a TAC. The TACs were almost always composed of men, due to fewer women practicing medicine and even fewer having these types of high level positions. These restrictions on abortion were struck down as unconstitutional by the Supreme Court of Canada in its decision in '' R v Morgentaler'' in 1988. Abortion law in Canada prior to 1968 Prior to 1968, abortion was a criminal offence in Canada. Any woman who sought an abortion was potentially committing a criminal offence. If a doctor performed an abortion on compassionate or medica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evil
Evil, in a general sense, is defined as the opposite or absence of good. It can be an extremely broad concept, although in everyday usage it is often more narrowly used to talk about profound wickedness and against common good. It is generally seen as taking multiple possible forms, such as the form of personal moral evil commonly associated with the word, or impersonal natural evil (as in the case of natural disasters or illnesses), and in religious thought, the form of the demonic or supernatural/eternal. While some religions, world views, and philosophies focus on "good versus evil", others deny evil's existence and usefulness in describing people. Evil can denote profound immorality, but typically not without some basis in the understanding of the human condition, where strife and suffering ( cf. Hinduism) are the true roots of evil. In certain religious contexts, evil has been described as a supernatural force. Definitions of evil vary, as does the analysis of it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hansard
''Hansard'' is the traditional name of the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official printer to the Parliament at Westminster. Origins Though the history of the ''Hansard'' began in the British parliament, each of Britain's colonies developed a separate and distinctive history. Before 1771, the British Parliament had long been a highly secretive body. The official record of the actions of the House was publicly available but there was no record of the debates. The publication of remarks made in the House became a breach of parliamentary privilege, punishable by the two Houses of Parliament. As the populace became interested in parliamentary debates, more independent newspapers began publishing unofficial accounts of them. The many penalties implemented by the government, including fines, dismissal, imprisonment, and investiga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morgentaler V
Morgentaler is a family name (or surname) of Jewish families from Poland. Origin The family name Morgentaler developed among Ashkenazi Jews in Europe. Distribution Until World War II in Poland, mainly in Łódź. The Central Database of Shoah Victims' Names enlists many Jewish Morgentaler victims of the Holocaust. Few Polish Morgentalers survived and emigrated. Today's spreading is relatively high in Canada and Serbia. Part of the website PublicProfiler People * Dr. Henry Morgentaler (1923,Łódź
Łódź, also rendered in English as Lodz, is a city in central Poland and ...
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Pith And Substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government. The Constitution Act, 1867, which established a federal constitution for Canada, enumerated in Sections 91 and 92 the topics on which the Dominion and the Provinces could respectively legislate. Notwithstanding that the lists were framed so as to be fairly full and comprehensive, soon, it was found that the topics enumerated in the two sections overlapped, and the Privy Council repeatedly had to pass on the constitutionality of laws made by the federal and provincial legislatures. It was in this situation that the Privy Council evolved the doctrine that, for deciding whether an impugned legislation was ''intra vires'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medicine
Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness. Contemporary medicine applies biomedical sciences, biomedical research, genetics, and medical technology to diagnose, treat, and prevent injury and disease, typically through pharmaceuticals or surgery, but also through therapies as diverse as psychotherapy, external splints and traction, medical devices, biologics, and ionizing radiation, amongst others. Medicine has been practiced since prehistoric times, and for most of this time it was an art (an area of skill and knowledge), frequently having connections to the religious and philosophical beliefs of local culture. For example, a medicine man would apply herbs and say prayers fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Sopinka
John Sopinka, (March 19, 1933 – November 24, 1997) was a Canadian lawyer and puisne justice on the Supreme Court of Canada, the first Ukrainian-Canadian appointed to the high court. Early life and education Sopinka was born in Broderick, Saskatchewan and lived there until his Ukrainian Canadian family moved to Hamilton, Ontario. He completed secondary school at Saltfleet High School in Stoney Creek. He earned Bachelor of Arts and Bachelor of Laws degrees at the University of Toronto where he was a member of the Toronto chapter of the Beta Theta Pi fraternity. While studying law, he also played professional football. He was drafted in the sixth round of the 1955 CFL draft. He played with the Toronto Argonauts (1955 to 1957, 29 games) and then the Montreal Alouettes (1957, 8 games) of the Canadian Football League. Career He was called to the bar of Ontario in 1960 and practiced law at Fasken & Calven before becoming a senior partner at Stikeman Elliott. He was designated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
