POLS 3130 Lecture Notes - Lecture 5: Assisted Suicide, Culpable Homicide, Beverley Mclachlin
17 Oct 2017
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General info: heard: october 15, 2014, judgment: february 6, 2015, docket: 35591. 7 and 15(1) of canadian charter of rights and freedoms. Powerful ruling, the court in a per curiam judgment unanimously strikes down the. Nds it unnecessary to consider the section 15 charter challenge. The court applies the approach to section 7 adopted by chief justice mclachlin in. Bedford v. canada (attorney general) and challenges for arbitrariness, over breadth and gross disproportionality. The court in bedford stated that over breadth is related to arbitrariness, in that the question for both is whether there is no connection between the law"s effect and its objective. In carter the criminal code provisions are found not to be arbitrary but to violate over breadth principles. In carter the court emphasizes that overbreadth, like other principles of fundamental justice, is concerned only with rights and not with competing social interests or ancillary bene ts to the general population.
