POLSCI 3FR3 Lecture Notes - Lecture 8: Drug Paraphernalia, Drug Rehabilitation, Henry Morgentaler
15 May 2018
School
Department
Course
Professor
Monday, March 5, 2018
3RF3 Charter of Rights and Freedoms
Life, Liberty and Security of the Person!
ā¢Re: Prostitution reference, 1990!
-Open legal question: what constitutes a personal choice !
-Security of the Person!
ā¢Deļ¬nition of Security of the Person!
-Risk of Harm to Health or Safety!
ā¢R. v. Morgentaler!
-Poses a risk of harm or health and safety of mother (inability to provide
certiļ¬cates in time, might lead woman to illegal abortion which is less than
safe)!
-Then goes on to include psychiatric health of individual (requires a medical
opinion if you want to prove that rights under sec 7 have been violated)
blencoe did not provide professional opinion, won legal argument but lost
factual one!
ā¢Canada v. PHS, 2011!
-Insight decision !
-There was a crisis in east Vancouver both with respect to hepatitis and hiv/
aids, solution to epidemic would be to provide a safe injection sight where
individuals would be provided with clean needles and drug paraphernalia !
-While there, they would also receive medical care and drug rehabilitation
treatment, Martin government gave it an exemption from the narcotics
control act!
-Harper government !
ā¢Canada v. Bedford, 2012!
-Sex worker, challenged the criminal laws !
-Loss of Control over an Aspect of a personās body Rodriguez
#1
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Life, liberty and security of the person: re: prostitution reference, 1990. Open legal question: what constitutes a personal choice. Security of the person: de nition of security of the person. Risk of harm to health or safety: r. v. morgentaler. Poses a risk of harm or health and safety of mother (inability to provide certi cates in time, might lead woman to illegal abortion which is less than safe) There was a crisis in east vancouver both with respect to hepatitis and hiv/ aids, solution to epidemic would be to provide a safe injection sight where individuals would be provided with clean needles and drug paraphernalia. While there, they would also receive medical care and drug rehabilitation treatment, martin government gave it an exemption from the narcotics control act. Harper government: canada v. bedford, 2012. Loss of control over an aspect of a person"s body rodriguez.
