Class#3-Law 1

Question 1

Federal head of power?

Answer 1

Commerce, banking, criminal law, telecomm., military, unemployment insurance

Question 2

Pro. head of power

Answer 2

Property and civil rights;
establishment, maintenance, 
Matters of local/private nature;management of hospitals;
natural ressources;
Municipalities

Question 3

Conflict of powers fed and pro?

Answer 3

Environment
Healthcare
Marriage
Language
(Federal law raise supreme)

Question 4

Due process?

Answer 4

All people are equal before the law

Question 5

Fundamental freedoms of Canadian Charter of Rights and Freedoms (4)

Answer 5

1. Conscience and religion
2. Thoughts, belief, opinions, expressions
3. Peaceful assembly
4. Association
   +Press

Question 6

Common law vs Civil law?

Answer 6

Qc = civil law

Others pro. = common law

Question 7

3 elements of fault in civil law?

Answer 7

Fault
Injury
Causality

Question 8

Qc charter of human rights protects against?

Answer 8

Right to dignity, right to non-disclosure of confidential informations

Question 9

Types of euthanasia?

Answer 9

1. Voluntary (with wishes)
2. Non-voluntary (Without wishes)
3. Involuntary (Against wishes of competent individual)

Question 10

3 arguments for euthanasia?

Answer 10

Choice: right to self-determination
Quality of life: pain and suffering
Economic cost

Question 11

5 arguments against assisted suicide (AS)?

Answer 11

1. Professional roles
2. Moral: unacceptable
3. Necessity: Maybe soon curable?
4. Feasibility of implementation: Competent hard to evaluate
   5: Consent under pressure

Question 12

Rodriguez v. British Columbia (supreme court 1992)

Answer 12

42 women wanted AS.
5 against: Not against the law to let her suffer
4 for : Suicide lawful but AS unlawful is arbitrary on the basis of their physical abilities, basically government should not discriminate. Also, right to die with dignity should be protected, just like all other aspects of life, because dying is part of life.

Question 13

R. v. Latimer (2001)

Answer 13

Mr Latimer guilty 2nd degree murder after death of 12 daughter who had cerebral palsy.
Killing when person has manageable disease is not PROPORTIONAL RESPONSE represented by non life threatening disease

Question 14

Carter v. Canada (Supreme court, 2015)

Answer 14

Unanimous overturn of Rodriguez:

1. Person clearly consents
2. Grievous and irremediable medical condition that causes suffering intolerable to individual.
   - Charter isn’t to preserve life at all cost

Question 15

Bill c-14: Medical assistance in dying

Criterias?

Answer 15

HCP dont commit offence; Not unlawful to provide information as a HCP

1. Citizens
2. > 18, capable of making decisions
3. Grievous or irremediable medical condition: serious and incurable, advance state, intolerable to them, natural death reasonably foreseeable (In ontario: give physicians confidence their in accordance with the law).

Question 16

Nancy v. Hotel-dieu Quebec

Answer 16

About consent. Suffered Guilain-barre. If mentally competent can refuse treatments. Allows pt to both accept and refuse treatments

Question 17

Cuthbertson v. Rasouli

Answer 17

Consent. Family want to keep life support, physicians dont since in vegetative state and defend that life support doesn’t require consent.
Decision: Majority, withdrawal of life support requires consent from pt or substitute decision makers.