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Lecture 16

POL337Y1 Lecture Notes - Lecture 16: Liberation Tigers Of Tamil Eelam, Euthanasia, Auton


Department
Political Science
Course Code
POL337Y1
Professor
Ran Hirschl
Lecture
16

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Monday, February 9, 2015
12:09 PM
Supreme Court decision
oOne of the biggest decisions in the last 5 years
oSection 7 - covers a wide variety of topics
Supreme court made the ruling a few years ago on Prostitution
laws in Canada
o2011 - big case for a drug injection site
Once again, it was under section 7
oExtradition
oFor Essay
Const, Challenges
Literature Review on what is out there for the topic
The state of play - what do we know about the topic, ( present
knowledge)
Try and use modern sources
Come up with one or 2 policy recommendations on the matter
Word count - all inclusive - have to include foot notes in the word
count
Section 7
Everyone has the right to life, liberty, and security of the person
oWhat counts as life, liberty and security ?
Many ethical dilemma's can easily fall under the definition
What are the main issues that have been brought up under this
section
Right to life/security did not exist until 1982
It was a basket concept that the big moral dilemmas fall
into
What does it mean to have human dignity ?
There are many acceptable interpretations of the
concept that all of them fall under section 7
Ex:
oVancouver has a drug clinic in which addicts can get their drugs under
medical supervisions
The Major Issues ( The future lies in section 7)
Reproductive freedoms - right to have an abortion vs. the right to choose
oIt has been framed as a section 7 issue
There is the negative right and positive right to have an abortion
Negative - right for a women to choose if she wants to
have an abortion
Positive - the state helping to carry out the right of the
abortion
The right to life protects both the pregnant mother
and the fetus
What if there is a serious health hazard to
the women ?
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When does the fetus considered a human
enough to obtain the right to life ?
Some population groups can afford
abortion, economic hardships are greater in
certain groups
What do we do in situations with
serious ethical issues ?
What if the fetus is conceived
through rape or incest ?
Immoral, illegal, but it
happens
The impact of
scientific developments on const.
rights
oIntroduction of the emnio genetic test - you see if there are any genetic
disorders with the fetus
If we detect a genetic disorder, it would change the weight of
determining if the abortion should be approved
It is a decision where the state has an interest to take a
stand
It becomes very complicated
Abortion in Canada is grey zone
o1973
Abortion becomes const. legal in the United States
Waiter in Texas got pregnant, got the decision reversed
oCanada is not nearly as contested
Morgentaler ( 1988)
Admitted to the order of Canada in 2008
Pro - abortion activist who promoted the right to
choose agenda in Canada for years
Criminal law provisions that declared abortion
illegal, and was criminalized
It prohibited the owning and managing of
abortion clinics
It provided the criminal code initially that the
pregnant female was guilty of an offense that could get
you in jail for up to 3 years
1988 - Morgentaler operated clinics
with a refusal for the laws
Supreme court ruled in the
case that sect. 7 of the charter
encompasses ones right to keep their
physical and mental integrity
It struck down the
criminal code provisions
Gov. did nothing, and did not react to the case
There is no straight forward law against the provision of
abortion
It has not been legislated
1993 - Morgentaler 2 ( 1993)
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