Chapter 1 – Heritage of
Law
Individual and Collective Impact
on Changes to the Law
Agenda


1. Individual and Collective Impact on
Changes to the Law
2. Read Anytus, Meletus and Lycos v.
Socrates, 399 BCE, Athens, p.70 in
textbook and do ?’s 1-4
Learning Goal for Today

By the end of the lesson, students will be
able to explain how law changes and how
individuals and collective groups have
influenced changes to the law
Expectations




Evaluate the influence of individual
citizens who have fought to change the
law
Assess the role of collective action in
changing the law in democracies
CGE4c – responds to, manages and
constructively influences change in a
discerning manner
CGe7d – promotes the sacredness of life
*Independent Judicial System

R. v. Daviault (1994) – SCC




Sexual assault intoxication case – court
accepted intoxication defense
Medical history
No mens rea
Bill C-72 passed


No intoxication defence to anyone accused of
interfering or threatening to interfere with the
bodily integrity of another person
Parliamentary Supremacy
*R. v. Ewanchuk (1999)

Case about implied sexual consent

Job interview in trailer

Touching, 3 no’s and then didn’t object on
4th attempt

Charged with sexual assault

SCC said no basis in law for implied consent
*R. v. Morgentaler (SCC 1988)



OB-GYN Doctor who did illegal abortions
At time, was illegal to give abortions
unless licensed
Case caused problems for gov’ts case,
resulted in abortion laws being dropped
*Rodriguez v. BC (A.G.) (1992)



s.241 Criminal Code (CC) aid and abetting
suicide
Had ALS asked to have s.241 found invalid for
violating Charter s.7 (life, liberty), 12 (cruel &
unusual punishment) & 15(1) (discrimination
based on disability)
In Canada, passive Euthanasia is legal (pulling
plug, terminal sedation)
*Rodriguez v. BC (A.G.) (1992)

SCC denied request






S.7 - is to preserve life not destroy
S.12 - cruelty is disease not gov’t
S.15 – too difficult (didn’t really address)
More recent case in B.C. Gloria Taylor
Superior Court in B.C. struck down
provisions at trial in June 2012
Being Appealed

http://www.theprovince.com/news/Gloria+Taylor+right+question+Ottawa+ap
peals+assisted+suicide/6930319/story.html
Bill C-384






In 2009 - Bill C-384 was proposed (didn’t pass)
Said doctors wouldn’t face criminal prosecution
for helping a person die:
(a) at least 18
(b) after being given or refusing treatment,
(c) continues to "experience severe physical or
mental pain without any prospect of relief,“
(d) or suffers from terminal illness.
Bill C-384

AFEAS (a womens’ rights group) in
Quebec favour euthanasia
Bill C-384


Other groups feel that opening the door to
active Euthanasia (or assisted suicide) is
dangerous and unnecessary
Perverse consequences on vulnerable
Quebec public hearings into
euthanasia

Quebec Ministry of Justice – examining
“discretion” question
*Sauve v. Gov’t of Canada
(1993/2002)





1st degree murder, 25-year sentence
Wanted to be able to vote
Pre-1993 – if in provincial or federal
prison, can’t vote in provincial or federal
elections
1993 – SCC said anyone provincial prison
can vote
(Write this) 2002 – SCC said now any
prisoner can vote in any election
*Lobby Groups
Lobby Groups: a person or group, which
tried to influence legislators such as
lawmakers and governments
*Montreal Massacre (1989)





Man went into university and shot all
women (didn’t get accepted, blamed
them)
Dismissed from army for mental issues
Still had fire arms in house, all legal and
registered
Caused Firearms Act in 1995
http://archives.cbc.ca/society/crime_justic
e/topics/398/
*Firearms Act

Firearms Act and Long Gun Registry
Problems



Many problems
Harper government has now cancelled gun
registry
Quebec court recently ordered Federal
government to hand over Quebec gun registry
records to the Quebec government
http://www.thestar.com/news/canada/politics
/article/1254233--quebec-superior-courtorders-feds-to-hand-over-long-gun-registry
*Christopher Stevenson



10 year old boy was kidnapped and
murdered by recently released pedophile
Mother wanted to be informed of all sex
offenders in community
Led to creation of Ontario Sex Offender
Registry (Harper wants to put on-line)
*Royal Commissions
Status of Women (1967)


Women could not teach if they were
visibly pregnant (up to 1973)
Wage inequality (now improving)
Royal Commissions
Krever Commission (1993)
 Tainted blood scandal
 Found Hep C, HIV are blood transmitted
 Without screening blood 60,000 people
got Hep C and 2,000 people got HIV from
blood transfusions
*Legal Scholarship
Battered Woman’s Syndrome (BWS) – R. v.
LaVallee (1990)
 LaVallee shot her husband in the back of
the head
 Justice Wilson, SCC – LaVallee was able to
use defense of self-defense
 Three conditions must be met…
On-going terror, frequent violence
 Inability to escape relationship despite violence
 Escalating patterns of abuse that put her life in
danger

Other Examples of Collective
Action Resulting in Change

Civil Disobedience & Protests


in Canada rarely are successful
U.S. Examples



American Revolution – Boston Tea Party (Tax)
Civil Rights Movement – Rosa Parks
Anti-War Movement
Other Examples of Collective
Action Resulting in Change

World



Ghandi – peaceful protest & stopped making
salt
Arab Spring – Tunisia, Egypt, Yemen
Why isn’t it civil disobedience when first
Nations people protest?

Because they live in sovereign nations within
Canada
Yet another election comic…
Homework

Read Anytus, Meletus and Lycos v.
Socrates, 399 BCE, Athens, p.70 in
textbook and do ?’s 1-4