Cases

Question 1

Donoghue v. Stevenson ** on exam

Answer 1

Ginger beer and snail bits - manufacturers owe the ultimate consumer a duty of care, “who is my neighbour” - recognition of negligence in tort

Question 2

R v. Le

Answer 2

Le racialized and in a low-income community: “shocking misuse of police power” therefore found not guilty despite having gun & drugs

Question 3

R v. Bedford

Answer 3

Three sex workers case - argue that Canada’s rules surrounding prostitution (prostitution legal but bawdyhouse, communication, & living off the proceeds is not) ENDANGERS rather than protects sex workers and goes against their s.7 rights in the charter (life, liberty, security)

Question 4

R v. Daviault

Answer 4

Can voluntary intoxication (“drunkenness”) be used as a defense in court against sexual assault (i.e. unable to form the required mens rea). Court ruled that ONLY extreme intoxication can be used as a defense, to the point where it would be considered automism / mental insanity (and the burden is on the defendant to prove this level of intoxication)

Question 5

R v. Chung

Answer 5

Is “excessive speeding’ dangerous driving, even if only for a few seconds?