Changing Beliefs & Values in Law
This 2015 case legalized Medical Assistance in Dying in Canada
What is Carter v. Canada?
These come from customs, religion, heritage, & morality.
What are primary sources of law?
The belief that law should reflect religious or universal moral truth.
What is natural law?
Emily Murphy and 4 others were known as this.
Who were the Famous Five?
When courts interpret law in new ways based on modern context
What is judicial interpretation?
This 1988 case struck down criminal abortion laws.
What is R. v. Morgentaler?
These come from textbooks, journals, and academic commentary.
What are secondary sources of law?
Laws that do NOT care about morality, only what government says is legal
What is positive law?
This Alberta law sterilized women without consent.
What was the Sexual Sterilization Act?
When elected politicians have the highest law-making power.
What is parliamentary supremacy?
A law that society no longer sees as criminal & remove penalties for → like abortion & euthanasia.
What is decriminalization?
Written laws passed by government
What is statute law?
Penalizing an act because it is morally wrong even if no harm occurred
What is moral paternalism?
This case challenged gender discrimination under the Indian Act.
What is Jeanette Lavell?
Allows judges to rule a law invalid when it violates Constitution.
What are strike-down powers?
Wartime law that reflected values of “security over freedom” during WWI
What is the War Measures Act
Court decisions that create precedent.
What is common law / case law?
The standard used in civil trials based on probability.
What is balance of probabilities?
This case about spousal property rights advanced feminist law debate.
What is the Irene Murdoch case?
The 1982 Act that gave Canada full legal control over its constitution.
What is the Constitution Act?
The case of the Japanese-Canadian internment showed how this right was violated
What is equality / legal rights?
Latin phrase that means judges must follow earlier higher court decisions.
What is stare decisis?
The standard used in criminal trials.
What is beyond a reasonable doubt?
This 1908 case used the Brandeis Brief to show social harm to women.
What is Muller v. Oregon?
The clause that lets government override certain Charter rights.
What is the notwithstanding clause?