cases Flashcards
R v Effert
Infanticide. 19 year old mother killed baby after birth (threw it into the neighbour’s backyard). Charged with murder, appealed, given Infanticide instead
R V Nightingale
Impaired driving. Drunk driving. Hit a rock. 1 person dies, rest are injured. Nightingale charged with impaired driving and manslaughter or 2nd degree
R v Miller
Possession of illegal substance. Police find Miller at airport. Miller looks suspicious. Police tell him he doesn’t have to answer them and ask him questions. Miller revealed that he was carrying large amounts of cocaine. Got 4 years in prison
Robert Latimer
“Compassionate homocide.” Killed his daughter Tracy (who suffered with cerebral palsy) Lied and said she died in her sleep. Admitted he had killed her because he couldn’t bare to see her in pain anymore. Explained how he had being planning and wondering whether to use a gun shot to the head or what. Killed her by using carbon monoxide produced by car exhaust. Mens Rea because he planned it, had reasons for it, was in the right state of mind, had thought about it etc.
Iris Corman
From law and order episode. Mother of the baby who was found frozen to death in a hospital emergency room. (Was it negligence or recklessness, whose fault?)
Steven Truscott
Kid who took his friend Lynn on a bike ride and received a life sentence (originally was gonna get the death sentence)because she was found dead the next day. (there was little to no proof that he had done it. He didn’t even have a single scratch or a drop of blood on him. Was let out shortly for good behaviour. Had his case reviewed and name cleared and received compensation
Kyle Rittenhouse
teen accused of killing two people and shouting another during unrest in Kenosha Wisconsin. Not guilty on all charges. Acquitted of 1st degree intentional homocide and four other felony charges. “Self defense” - Vigilantism - didn’t want to kill but ‘had to.’
R v Beatty
Dangerous and negligent operation of motor vehicle. Killed three occupants.
Vince Lee
Stabbed, beheaded and partially canabalized a passenger on a Greyhound bus. Not criminally responsible (non-calpable) because mens rea could not be established. He was suffering from untreated schizophrenia at the time and wasn’t in the right state of mind.
R v Boudreault
falling asleep in driver’s seat (but not actually driving). Aquitted on both accounts.
Montreal Smoked meats
young woman was hired. Coworker made rude and inappropriate comments. The young lady won the case. This case shows that the charter effects the WORKPLACE by maintaining a comfortable and safe environment.
Imaging Excellence
man working at imaging excellence refused to serve a gay man. He was forced to print the photos. The gay man received payment because of discrimination. This shows that the Charter effects professional standards by maintaining that everyone receives equal service. Also shows how the charter can be conflicting (two different beliefs collide, who’s rights ‘trump’)
Toronto Transit
blind man missed his stop because he was blind and the announcements were unclear. He won his case and Toronto Transit had to make their transit more accessible for blind people. This case shows that the Charter effects commuting by making sure everyone has equal access to transportation etc, no matter what.
Weller
Mr. Weller left his job as part of a band and couldn’t find a new job fast enough. He was living with his mom and asked for housing and living funds. He was granted the living funds but denied the housing aspect. He started a case claiming discrimination. He won at 1st and received compensation, but the case was appealed. This case shows that the Charter effects insurance and standard of living.
Omar Khadr
at age 15 he was taken in Afghanastan. He had been caught up in Al-Quaeda. He was only an interpreter but in the midst of firefight, without any sight, he threw a hand grenade that killed an American surgeon soldier. His family never helped him (dad was caught up in Al-Quaeda and mom and sister said things that didn’t help the situation). The timing of the situation didn’t help either. Omar was caught only a year after 9/11, at a time when Americans were very wary of terrorists. It was difficult to tell if Omar was a victim of circumstance or a villain. Omar was taken to Guantanamo Bay, Cuba, where he was brutally tortured for years. Finally he was taken to Canada (was a Can citizen). He was put on parole. He got 10 mill as compensation. This case was also difficult because it was a matter of international, administrative and criminal law. It matters because it forces us to reflect on the morality of our justice system.
