There will be two propositions that
we will discuss (along with other topics):
(1) "The rights to life, liberty and
security of the person and the principles of the fundamental justice are
just empty vessels for judges to fill with whatever meaning they
want. As a result, some of the decisions are dangerous and
unwarranted, and push courts beyond their proper
role."
(2) "Justice Arbour's minority
reasons on the s. 7 Charter
issues in Gosselin are terrific
and should be adopted by the Supreme Court in a future case. The meaning of 'liberty and
security of the person' in s. 7 should be broadened to cover "positive
rights," exactly as she suggests."
As
usual, please feel free to refer to other cases, but the cases we shall
concentrate on are:
Rodriguez v.
British Columbia (Attorney General), [1993] 3 S.C.R. 519.
Gosselin v. Quebec
(Attorney General), [2002] 4 S.C.R. 429.
Chaoulli v. Quebec (Attorney
General), [2005] 1 S.C.R. 791.
A.C. v.
Manitoba (Director of Child and Family Services ), 2009 SCC 30.
