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R v Latimer, [2001] 1 SCR 3 was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter, Tracy Latimer.
R. v. Smith [1] was the first case in which section 12 was considered by the Supreme Court of Canada. The Court, however, could and did follow previous interpretations of cruel and unusual punishments in pre-Charter case law, namely Miller and Cockriell v. The Queen (1977). Cruel and unusual punishment was thus defined as punishment "so ...
This case caused a national controversy concerning the definition and ethics of euthanasia as well as the rights of people with disabilities, [1] and resulted in two Supreme Court decisions, R. v. Latimer (1997), on section 10 of the Canadian Charter of Rights and Freedoms, and later R. v. Latimer (2001), concerning cruel and unusual ...
R v Latimer, [1997] 1 SCR 217, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy. The case involved consideration of arbitrary detention under section 9 of the Canadian Charter of Rights and Freedoms and rights to an explanation for ...
Emergency law/right (nødret, nødrett) is the equivalent of necessity in Denmark and Norway.[1] [2] It is considered related to but separate from self-defence.Common legal examples of necessity includes: breaking windows and other objects in order to escape a fire, commandeering a vehicle to serve as an emergency ambulance, ignoring traffic rules while rushing a dying patient to a hospital ...
In R. v. Latimer, 2001 SCC 1, [33] the Supreme Court discussed jury nullification and indicated that it is a duty of the presiding justice to try to prevent it from occurring. Perhaps the most famous cases of jury nullification in Canada were the various trials of Henry Morgentaler , who openly operated a private abortion clinic in violation of ...
Westchester County Executive George Latimer holds a 17-point lead over Rep. Jamaal Bowman (D-N.Y.) in a tense Democratic New York House primary, according to a new poll. A survey by Emerson ...
The defence of necessity is an excuse for an illegal act, not a justification for committing the illegal act. The leading case for the defence is Perka v.The Queen [1984] 2 S.C.R. 232 [1] in which Dickson J. described the rationale for the defence as a recognition that: