Case Studies

Question 1

R v Latimer

Answer 1

• Latimer was charged with 1st degree murder for the death of his 12 year old daughter
• She had cerebral palsy and was immobile with the mental capacity of a 4 month old, communicated through facial expressions and was completely dependent on others, she had daily seizures and was in great pain
• She died of carbon monoxide poisoning, because of her father
• He confessed and was found guilty of 2nd degree murder and life in prison
• He appealed the decision, the supreme court upheld his conviction and sentence
• S 12 of charter - gravity of offense as well as circumstances must be considered
• Minimum sentence is not disproportionate, murder is a serious offense

Question 2

Israel v Adolf Eichmann

Answer 2

• Adolf eichmann a war criminal in argentina was abducted to israel
• Argentina complained that acts like the abduction affect the sovereignty of a member of state cause international friction and can endanger peace and security
• Un security council ordered israel to make reparations in accordance with the laws/ rules
• Argentina didn’t ask for eichmanns return
• Argentine and israel government issued a joint statement that the issue had been settled and agreed upon
• Eichmann was tried in israel and was convicted and executed

Question 3

US v Iran

Answer 3

• 1979 iranians took possession of us embassy by force
  Protest against the shah being admitted to us for medical treatment
• They took 52 hostages
• Us asked international court of justice to demand the release of the hostages and punish people responsible
• Decision recognized that the attack was not done by anyone official or agents of the iranian state and therefore was not an act of the iranian government
• But the court found this did not absolve iran of responsibility
• Iran was required to take steps to ensure protection of us embassy, staff, etc
• They didn’t
• Once the events had taken place the iranian government was required to take appropriate steps to bring it to an end restore us control and make reparations
• They didn’t take these steps
• Majority voted iran violated obligations owed to the US and established rules of international law

Question 4

R v Moses

Answer 4

• Philip Moses First Nation member arrested for theft and carrying a baseball bat
• Background: Poverty, abuse, neglect, addiction, and criminality; extensive history with jails, detention centers, and foster/group homes
  
  • judge Used a community circle setup for the hearing
  • Highlighted systemic failures in the criminal justice system
  • Traditional justice system failed both the community and Moses
  • Moses emerged from jail more dysfunctional and dangerous each time
• Sentence: Two years’ probation with conditions:
  
  • Time with family on the trap line
  • Attendance at a residential treatment center for Aboriginal alcoholics
  • Supervision by family, probation officer, and Aboriginal elders
  • Continuous monitoring and potential circle review and adjustment