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Archive For Entries On Health and Welfare

Secretly Poking Holes in Condoms Vitiates Consent to Sexual Activity: SCC in R v Hutchinson

After two trials and cycles through the appellate court system, the Supreme Court of Canada (SCC) has dismissed the appeal in R v Hutchinson, 2014 SCC 19 [Hutchinson]. Building on the decision in R v Mabior, 2012 SCC 47 [Mabior], the Court in Hutchinson further clarified the law surrounding consent to sexual activity, holding that […]

Rasouli’s consent required to withdraw life support, SCC rules

Mr. Rasouli has been in a persistent vegetative state at Sunnybrook Health Sciences Centre (“Sunnybrook”) since October 2010. For the past three years, he has been kept alive by way of mechanical ventilation and artificial nutrition and hydration. His doctors saw no prospect of recovery, and sought to withdraw Mr. Rasouli’s life support in order […]

Stare Decisis and Assisted Suicide: Carter v. Canada at the B.C. Court of Appeal

This past Thursday, the British Columbia Court of Appeal released its decision in Carter v. Canada 2013 BCCA 435, a Charter sections 7 and 15 challenge to the Criminal Code’s prohibition on physician-assisted suicide. In the majority’s view, stare decisis required the court to follow Rodriguez v. Canada, the Supreme Court of Canada’s 1993 decision […]

BULLETIN: B.C. Court of Appeal’s decision in Carter v. Canada to be released today

On June 15, 2012, Justice Smith of the British Columbia Supreme Court effectively created an exception to the Criminal Code to allow for physician-assisted suicide. The trial judgement Carter v. Canada (Attorney General) was discussed briefly in a previous post on The Court. Justice Smith gave Parliament a year to amend the laws surrounding assisted suicide, and the Government of Canada appealed […]

Amici Curiae : The Political Battle Behind U.S. Healthcare Reform, the Mandatory Minimum Sentence Justifiability Question, and Regulation of Fertility Tourism

Congress Wants the Last Word on Health Care Reform The celebrations did not last long. Before you even finish saying, the Patient Protection and Affordable Care Act, Congress has already started jostling to overturn the Supreme Court’s decision. Less than two weeks ago, the Supreme Court of the United States kept the Act intact, thereby allowing […]

Amici Curiae: Cologne’s Ban on Religious Circumcision, Toronto’s New Background Check Policy & London’s Banking Scandal

Conflict with the Covenant: German Court Bans Religious Circumcision After a medical complication arising in a circumcision performed on a four year old Muslim boy, a Cologne court ruled that circumcising young boys on religious grounds equated with bodily harm – even if the parents had consented to the practice. In this decision, the court […]

Health Care Reform: The Real Winner is The Court

(No, we are not tooting our own horn.) The Supreme Court of the United States’ decision on health care reform last Thursday is surely one of the most important decisions of the century. President Obama, who proposed the law amidst a firestorm of controversy in 2010, seemed cautiously victorious. Despite quashing the individual mandate provision […]

Appeal Watch: SCC Tackles the Anti-terrorism Act, Are Full Service Law Firms and Fiduciary Duty Compatible? And Will Obamacare Be ‘No’bamacare?

Supreme Court Hears Appeal from First Man Convicted under the Anti-Terrorism Law This week, the Supreme Court of Canada is hearing an appeal from Momin Khawaja, the first man to be convicted under the country’s anti-terror law (Anti-terrorism Act, SC 2011, c 41). This case has drawn much attention from media in Canada as well […]

Part I – The Treatment of Treatment Orders For Treating the Accused: Centre for Addiction and Mental Health (CAMH) v Ontario

On May 24, 2012, the Ontario Court of Appeal (ONCA) released a sensitive and nuanced judgment that promises to polarize opinions and provide plenty of fodder for thought regarding the handling of criminally accused mentally ill persons. On the one hand, the Centre for Addiction and Mental Health (CAMH) v Ontario, 2012 ONCA 342 (“CAMH”), […]

Chevron Corp. v. Naranjo: Goliath’s global anti-enforcement injunction against David

The clichéd David vs. Goliath depiction is one which is often used when describing legal cases. But Ecuador’s Lago Agrio community vs. the Chevron Corporation is one legal battle which aptly fits the analogy. The controversial case has a long history, involving alleged environmental violations in Ecuador’s Amazon region by Texaco (now Chevron) from 1964 […]