POLSCI 3FR3 Lecture Notes - Lecture 12: Henry Morgentaler
15 May 2018
School
Department
Course
Professor
Wednesday, April 4, 2018
3RF3 Charter of Rights and Freedoms
Final Hypothetical !
-Do you know the course content and can you apply to case, no case facts, !
•Appropriate legal test or tests and the authority !
•What is done today is not the A+ answer, which cases are the most accurate !
-Violation of one of the following for moving on to second part of test!
-Violation of one of both sections is necessary !
-PART 1:!
•Life!
-Alive? (Morgentaler)!
•born alive and physically separated from mother, (for unborn children)!
-Direct/Indirect (Risk of end of life), (Carter), maybe Bedford!
•has state caused direct or indirect increase risk of loss of life!
-Increased indirect loss of life due to freezing to death? just explain why. !
•Liberty!
-Freedom From Physical Restraint (B.C.M.V. Ref)!
•is law physical restraint? Is the law restraining him physically from staying in
that spot?!
•No compulsion to act in a particular way? !
•
-Freedom from interference to act in particular way?!
•Parking is not a fundamental personal choice, why?!
•Is choosing to live in RV fundamental personal choice?!
•Security of the Person!
-Risk of Harm to Health or Safety ?!
#1
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Violation of one of the following for moving on to second part of test. Violation of one of both sections is necessary. Alive? (morgentaler: born alive and physically separated from mother, (for unborn children) Direct/indirect (risk of end of life), (carter), maybe bedford: has state caused direct or indirect increase risk of loss of life. Increased indirect loss of life due to freezing to death? just explain why: liberty. Freedom from interference to act in particular way: parking is not a fundamental personal choice, why, is choosing to live in rv fundamental personal choice, security of the person. #1: similar to risk of losing life (life: risk of loss of life, which is risk of health or safety, but risk of health and safety does not always mean loss of life) Loss of control over body: rodriguez. Part 2: principles of fundamental justice.
