Parkes attacked his parents-in-law at their home. The attack resulted into the death of one and severe injury to the other. After the attack, he drove to a police station to report what he had done. Parkes was charged with first-degree murder and attempted murder. At trial, his defense was automatism i.e. sleep walking. He …Read more

Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more

On November 15 1983, the appellant (Kindler) was found guilty of first degree murder, conspiracy to commit murder and kidnapping in the State of Pennsylvania. Following his conviction, the jury heard further evidence and recommended the imposition of the death penalty. Before the formal imposition of the sentence, Kindler escaped from prison and fled to …Read more

Malette, a Jehovah’s Witness, sued Dr. Shulman for administering a blood transfusion contrary to her prior expressed wishes. Malette was rushed to the emergency room after sustaining serious injuries in a car accident. She was semi-conscious and bleeding profusely. One of the nurses found a card in her purse, which stated she was a devout …Read more

The appellants were found guilty of first degree murder. At trial, expert evidence was given that the appellants suffered from a paranoid psychosis which made them believe they could rule the world, and in order to achieve this they had to kill. Although they were aware that the laws of Canada existed, the appellants did …Read more

The appellant, Mr Borowski, challenged the validity of s 251(4), (5) and (6) of the Canadian Criminal Code on the basis that the provisions contravened the rights of the fetus. He argued these provisions allowed for abortions to occur in circumstances that were too liberal, and, as such, they infringed a fetus’s rights to life, …Read more

Canada Safeway Ltd. maintained a group insurance plan that included weekly benefits for loss of pay due to accident or illness. The plan excluded pregnant women from coverage during a seventeen week period before, during, and after pregnancy. During that period, the plan excluded pregnant women suffering from both pregnancy and non-pregnancy-related afflictions. For part …Read more

Section 251(4) of the Criminal Code of Canada (the Code) permitted abortions to be performed only at accredited hospitals and then with approval from the performing hospital’s therapeutic abortion committee. Drs. Morgentaler, Smoling, and Scott had together established an abortion clinic in Toronto to perform abortions not approved by a therapeutic abortion committee.  Following public …Read more

The respondent had an accident and suffered a head laceration. A police officer drove the respondent to the hospital where the doctor collected free-flowing blood for medical purposes from the respondent who was unconscious. He gave the blood to a police officer who did not have a search warrant or patient consent. The patient was …Read more

Eve was a mentally disabled young woman suffering from a condition that made it extremely difficult for her to communicate with others. She was not capable of understanding the consequential relationship between intercourse, pregnancy and birth.  Mrs. E, her mother, was concerned that Eve might innocently become pregnant, which would mean that she, an elderly …Read more

Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more

This communication was filed by the chairperson of the Port Hope Environmental Group on behalf of the residents of Port Hope, Ontario, Canada. From 1945 to 1952, Eldorado Nuclear Ltd., a federal Crown Corporation, disposed of nuclear waste in dumpsites within Port Hope, a town of 10,000 people. In 1975, large-scale pollution of residences and …Read more

Tellier-Cohen was employed by the Government of Canada and was not permitted to use her sick leave or annual leave for her absence from work due to her pregnancy and childbirth. She filed a complaint in the Human Rights Tribunal challenging the action of the government on the basis of sex discrimination under sections 7(b) …Read more