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Lecture 8

POLS 1400 Lecture Notes - Lecture 8: Trafficking Of Children, Henry Morgentaler, Hash Oil


Department
Political Science
Course Code
POLS 1400
Professor
Nanita Mohan
Lecture
8

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Top 10 decisive Decisions
o First ever case Supreme court 1984
Skapinker- international student in Canada to do law,
graduated but didn’t want to go back to Canada. But Ontario
law society refused to give him employment because he
wasn’t a Canadian Citizen. Took this court and said it was an
infringement of mobility rights but the supreme court
disagreed, mobility rights have to do with moving not
employment.
o A.V. Andrews- Same case as Skapinker but was from the
USA, came to Canada to practice law, society again refused to
rant him permit to practice law. Andrews used section 15
(Equality Rights) as his defense, against his right as a
minority (international student). Supreme court sided with
him and he won.
Ex. Female prisoners requested to have female prison
guards watch over them while they were in the
bathroom, used section 15 and won (has to be a
minority group, man couldn’t request this)
Singh 1985, students were refused refugee status when they came
to Canada because they feared for their lives in India. Said that this
was against their life rights (Section 7) that the Canadian
Government would send them back to Indian since they might be
killed there. Won the case even though they did not have Canadian
blood.
o Lots of people were unhappy with this because they said now
the government would have to let all refugees in.
Big M Drugmart 1985, freedom of religion. Pharmacy wanted to
keep its business open on Sunday but at the time there was the
‘Lords Day Act’ (all businesses were closed on Sundays), lawyers
said that the lords day act was an infringement of freedom of
religion. Negative freedom because you had to say that it was an
infringement of the employees rights so if you change it you are
affecting Christians who’s right it is to not work on Sundays and if
you don’t change it you are affecting the right of non-Christians to
work on Sundays.
1986- Oakes: “reasonable limits” clause, Oakes was walking home
had hash oil and lots of cash. Charged with possession and
trafficking. Claimed he should be charged with possession but that
there was no evidence that he was trafficking. Changed it so that
you are assumed innocent until proven guilty. Successful case for
both Oakes and the Supreme court of Canada
1988- Morgentaler: Abortion- before 1988 abortion is illegal in
Canada. Morgentaler was providing safe illegal abortions for women
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