Supreme Court of Canada

1. The court case Murray v. Maryland (1936) used precedent from the US Supreme Court Case Plessy v. Ferguson that ruled segregation was constitutional as long as it was separate but equal. Why could using this dogma be problematic in the journey for civil rights? Murray v. Maryland (1936) was won the lower levels of the court system which was quite a victory, at the time getting a judge residing in the south, to see the injustices of segregation was not an easy task. Attorneys working these…

Introduction Prior to 1969 in Canada, all abortion was illegal, unless under specific circumstances, where board of physicians was to determine whether or not an abortion was absolutely essential for the mother’s health and well-being. In the 1988 landmark case of R. v. Morgentaler, the Supreme Court of Canada ruled that the current abortion laws were unconstitutional, and that by essentially giving full control over women’s bodily autonomy to the legal system and the state, her Charter of…

murdered his mother in-law, Barbara Woods, using a tire iron and a kitchen knife.2 In conclusion of the case, on May 28th, 1998, with his defence being successful, the jury made a verdict of not guilty and Parks was acquitted of his crimes (The Supreme Court of Canada confirmed the acquittal in 1992).1 There were strong, supportive…

the shield there is a phoenix, and under the Phoenix is the words “We Deliver”. The country officials chose this seal due to the universal relation of brown with cargo. The Phoenix represents the two nations prior to Cargoina, the United States, and Canada,…

government agents, on a state or local level. Much of the law in criminal code has been written with the interest of extending the rights of citizens from harm by other citizens. This view of the right from harm has also informed the aforementioned Supreme Court Cases, Miller v. California (1973) and Chaplinsky v. New Hampshire (1942). Following these cases, many appeals have been made to broaden the types of speech protected as free speech by the First Amendment, and the discussion of what…

religion. Consider the rest of the world for example, Great Britain still has the official Church of England and Church of Scotland, supported by public funds, but there is also the guarantee of religious freedom for other denominations. Similarly, in Canada, the Charter of Rights and Freedoms contains a freedom of conscience and religion clause, but no…

“Some men refuse to serve, becoming draft dodgers by escaping to Canada and other safe harbors.” This shows what many people would do just to not be apart of this war. They would leave everything just to escape getting a drafting card and having to go to war. Another example is in the text “Kent State Students Protest” the talks states, “These protests usually were peaceful and included such things as burning draft cards, fleeing to Canada or some other country to escape the draft…” Once again…

The key to understanding why the ruling by the Ontario Court of Appeals is more convincing lies in understanding textualism and its various shortcomings. As stated above textualism is a school of statutory interpretation that focuses heavily on analysing the actual text of the statute. To go deeper, textualism utilizes what is called the “plain meaning rule.” Under the plain meaning rule, if the words of a statue are clear and unambiguous, then other factors (like legislative intent,…

In 2009, Thea Clara Spyer passed away leaving behind her estate to her domestic partner, Edith Windsor. The couple wed in 2007 in Canada and as residents of New York, their marriage was recognized by the state. However, the IRS denied Windsor a spousal deduction under federal law citing the Defense of Marriage Act (DOMA.) DOMA’s section 3 refers to marriage only as the legal union between one man and one woman.Windsor chose to challenge DOMA, believing same-sex couples are entitled to equal…

United States District Court, the U.S. District Court was in violation of the 4th amendment, The United States monitored the conversation of three individuals in conspiring in destruction of federal building. The United States authorized monitoring of the suspects without a warrant, which…