LAWS 2201 Lecture 6: Chapter 6 Feb 11, 2019
12 Feb 2019
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Mom and dad have kids but aren"t married. Mom dies and the dad looses custody of the children to the state because of illinois law without a hearing. Is the removal of the children, without a hearing, denying the right of equal protection (14th amendment of the us constitution) Because he was denied a hearing about his fitness, he was therefore denied the equal protection of the 14th amendment. Note: 14th amendment (federal legislation) says that everyone should have equal protection. Case: miron v. trudeau (1995, scc, p. 104) facts: Miron (a guy) got into an accident, but he was uninsured. His girlfriend had insurance that only covered spouses . Note: section 15 of the charter says that everyone is equal in the eyes of the law and everyone has the right to equal protection and benefit of the law without discrimination.
