Supreme Court of Canada

Summary B.C’s controversial automatic roadside prohibition (ARP) scheme – the toughest drinking and driving law in the country – has been largely upheld in a recent decision by the Supreme Court of Canada. Introduced in 2010, the ARP scheme involved efforts to remove impaired drivers from B.C’s roads through the use of license suspensions, financial penalties and remedial programs. The scheme necessitates roadside checks and analysis of drivers’ breath samples using an approved screening device…

In the court case United States v. Windsor, problems provoked regarding the Defense of Marriage Act (DOMA). The DOMA was a United States federal law that prohibited homosexual marriage while defining a marriage as a relationship between a male and a female. This act was soon ruled unconstitutional under the Due Process Clause of the 5th amendment. Edith Windsor and Thea Spyer were happily married in Ontario, Canada (2007) until Thea Spyer died in 2009, leaving behind all their property for Edith…

According to Katz (par. 3), the Supreme Tribunal joined the case together with the others and agreed to review them. The briefing was set to come to a close in April this year. The other lawsuits involved the Tennessee, Kentucky, and Michigan. The court advised the parties in the cases to present their arguments, according to the questions concerning the Amendment. The Obergefell’s lawsuit was mainly directed towards the violation of the Fourteenth Act. The oral arguments in the case were…

reform everywhere, and changing the legal means of challenging segregation in all areas of society. In all except for one case, a three judge federal district court cited Plessy vs. Ferguson in denying relief under the “separate but equal” doctrine. Plaintiffs concluded that in an appeal to the Supreme Court that segregated schools…

THE SCHOOL DESEGREGATION CASE In May, 1896 the Supreme Court delivered its opinion “Separate is equal” in Plessy v.Ferguson case which meant that separate but equal facilities between Color and White citizens was constitutional; therefore, segregation in school was legal as long as the Black and White students received the same education. This law was upheld for fifty eight years later until May 14, 1954 when the Supreme Court drove to its decision on Brown v. Broad of Education of Topeka…

FIDO FACTS In Winnipeg, Manitoba, Clato Lual Mabior did not disclose to his partners that he was HIV positive. This occurred between 2004 and 2005. (CBC News, 2014) He was taken to court by nine complainants. However, none of them contracted HIV. Eight of nine of the complainants claimed they would not have had intercourse with Mabior if they knew about his HIV status. During the time, the accused was undergoing antiretroviral therapy. He was having both protected and unprotected sex, as it was…

division is established constitutionally and lays out which powers of government are the sole jurisdiction of the national or provincial/state governments. However, this is merely the purest form of federalism, and one that does not necessarily exist. In Canada, powers are divided between the central and provincial governments in the constitution, and all those that are not explicitly divided, are under the domain of the central government, however, this has not prevented conflict over who…

This paper attempts to explore the health laws surrounding minor consent and refusal in Canada. Throughout this paper, particular attention will be given to a case AC vs. Manitoba [2009] within the Supreme Court of Canada and Van Mol vs. Ashmore [1999], within the British Columbia Court of Appeal. Many legalities and ethical issues surround this topic and concerns arise when particular decisions are made on behalf of the minor. Canadian federal legislation considers anyone under the age of…

The court case of 1896 was the year that Plessy v. Ferguson was settled. Establishing the term separate but equal after Plessy was denied his rights on riding a train. Even though this was a step closer to equality for all. In the long term, it was another way to stall and keep segregation in certain places around the united states. In the movie "Simple Justice" Thurgood Marshall, the main character goes through rigorous training to become a lawyer that could someday overturn Plessy v. Ferguson.…

The topic of prisoner rights has been highly controversial, dating back to the early 1900’s. Between Canada and the United States there are many different aspects of prisoners rights, for example education, fair treatment, and voting rights. Specifically, whether or not prisoners should be allowed to vote has brought many different opinions to light, expressing their discomfort or support for such a highly controversial topic. Those who support disfranchisement usually claim they don’t “trust”…