cases Flashcards
Spraytec v. Hudson (Town)
Spraytec and Chemlawn were landscaping and lawn care companies that used pesticides. The town of Hudson, Quebec passed a bylaw that prohibited the use of pesticides for non-essential or cosmetic uses in response to citizen concerns. The two companies were charged with unlawful use of pesticides, and went to the Quebec Superior Court to have it declared ultra vires. Their appeal was ultimately dismissed.
M. v. H.
Two women, M. and H., were in a spousal relationship, started their own business, and lived together. Upon their separation, M became financially disadvantaged. However, M was not entitled to financial compensation since only people who were married were entitled to it, and marriage was defined as between a man and a woman. The Ontario Superior Court ruled that the law discriminated against same-sex couples and their equality rights and changed the definition to be between two persons.
This case allowed for same-sex couples to be considered legally married as well as being eligible for financial compensation after separation.
Muller v. Oregon
This case revolved around creating separate working conditions and hours for women and men in laundry facilities. Brandeis convinced the Supreme Court that women were inferior and weaker than men, in terms of their ability to work. The result was a law that set a maximum amount of time for a workday for a female laundry worker. This case established the Brandeis Brief.
The Brandeis Brief is a term for a legal brief that utilizes the expertise of any individual outside of the legal profession.
Brooks v. Safeway Canada
Canada Safeway had a group insurance plan which provided benefits for loss of pay resulting from accident or sickness. The plan excluded pregnant women during a seventeen-week period around their expected due date. Susan Brooks, Patricia Allen, and Patricia Dixon all worked at Canada Safeway and became pregnant. They filed complaints before the Manitoba Human Rights Commission, who dismissed the claims. The Manitoba Court of Queen’s Bench and the Manitoba Court of Appeal upheld the dismissal. The Supreme Court of Canada ruled that pregnancy discrimination was a form of sex discrimination.
This case established workplace equality rights for women, and pregnancy discrimination is now considered sex discrimination.
Attorney General of Alberta v. Attorney General of Canada
The Criminal Code of Canada restricted access to firearms. The province of Alberta challenged the constitutionality of the legislation, as they claimed it fell under the provincial power over property and civil rights. They argued that firearms are personal property and thus cannot be regulated by the federal government. The Court of Appeal and Supreme Court of Canada ruled that the act was intra vires parliament, as it related to criminal laws.
R. v. Morgentaler
Dr. Henry Morgentaler was prosecuted multiple times for performing abortions in his private clinic. Morgentaler argued that “the law compelled the unwilling to bear the unwanted”.
Since then, there has been no laws regarding abortion in Canada.
Person’s Case
Under the BNA act, only “qualified persons” could be appointed to the senate. The act did not specify whether or not the person had to be female, but it was legally interpreted as men. When the Famous Five directed the Supreme Court to consider if the word “person” included females, they ruled that women were not “persons”, since the BNA act had to be interpreted as it was when it was passed. When the Famous Five appealed to the Judicial Committee of the Privy Council in London, England, concluded that “the word ‘persons’ in sec. 24 does include women.
Emily Murphy, Canada’s first female judge, thus became the first woman to be appointed to the Canadian senate, and women were considered persons by the BNA act.
Irene Murdoch Case
In this case, Irene Murdoch had divorced her husband and expected to be compensated accordingly due to her large contribution to his business. The divorce court refused to give her a share of the farm, and appealed to the Supreme Court of Canada, which also denied her request.
This case established spousal rights for fair treatment for divorced women in the courts.
Jeanette Lavell Case
Under clause 12(1)b of the Indian Act, Jeanette Lavell, an aboriginal woman, was no longer considered an “Indian” after marrying her husband, David Lavell. Lavell believed that the act discriminated against her because she was a woman. Upon appealing to the Supreme Court of Canada, she was denied. A later case brought a similar appeal to the United Nations’ Committee on Human Rights and the Canadian Government removed the clause from the Indian Act.
This case established gender equality upon aboriginal females and their freedom to their identity.
Carter v. Canada
Gloria Taylor was diagnosed with amyotrophic lateral sclerosis, a terminal and fatal disease that attacks the central nervous system. Taylor challenged the constitutionality of Criminal Code provisions ss. 14 and 241(b), which prohibited assistance in dying. Lee Carter and Hollis Johnson joined the challenge, along with a physician, and the British Columbia Civil Liberties Association. They argued that the Criminal Code provisions violated the Canadian Charter of Rights and Freedoms.
The SCC unanimously struck down the Criminal Code prohibition on assisted suicide, allowing individuals to have the option of physician-assisted suicide.
Rodriguez v. British Columbia
Sue Rodriguez suffered from amyotropic lateral sclerosis, a terminal and fatal disease that attacks the central nervous system. Rodriguez wanted to end her life at a time of her choosing, but knew that she would be physically incapable of it. In s. 241(b) of the Criminal Code of Canada, assisting someone in suicide was illegal. The Supreme Court of Canada ruled that the purpose of s. 241(b) was to protect life and those who are vulnerable.
In Carter v. Canada, this decision was overruled and physician-assisted suicide was made legal.
The Two Michaels
The Ontario Court of Appeal ruled that the exclusion of same-sex partners from marriage was a denial of their equality rights under the Canadian Charter of Rights and Freedoms. The first same-sex couple to be married under this new ruling was Michael Leshner and Michael Stark, known as “The Two Michaels”.
The definition of marriage was changed from “between a man and a woman” to “between two persons”.
