POLS 3130 Chapter Notes - Chapter 4: Civil Rights Cases, Ratio Decidendi, En Banc
4 Oct 2016
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Tremblay vs. daigle protected a woman"s right to access an abortion even though the father did not want her to have one. Deciding to take a case: appellate court"s first decision. Appeals as of right are cases the court must hear: criminal cases are still appeal as of right to the supreme court. Flemming found that applications citing lower-court conflict were more likely to be granted leave to appeal: or where a judge on a lower courts panel had dissented from the panel"s decision. Appeals linking the lower courts decision to provincial or federal government interests are also more likely to be granted appeal. Chief justice may not assign judges to cases where on that panel they voted to deny leave. B. c, ontario and quebec make up most of the cases heard. Parties must provide their written submissions to the court. Scc has 3 terms a year and rotates between 2 weeks of hearings and 2 weeks of writing decisions.
