Lesson Plan XVI: Necessity

Question 1

What’s the history of the defence of necessity?

Answer 1

1. Began with philosophers like Aritstotle & Kant
2. Blackstone’s “Choice Between Two Evils”
3. Morgentaler v the Queen (can only be clear and imminent danger), s.8 of the CC

Question 2

What is the importance of R v Perka?

Answer 2

Key Facts: Boat sailed in international waters w/ cannabis, ran into bad weather, ship broke down, pulled over in Canadian waters.

Ratio: Establishes the elements of Necessity.

Question 3

What is the significance of R v Latimer?

Answer 3

Key Facts: Accused killed severely disabled daughter to prevent further suffering.

Ratio: Establishes the modified objective test for the steps of Necesssity.