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Supreme Court of Canada

 

             The Supreme Court of Canada is the highest court existing in our judicial system, which consists of nine members that are appointed by the Prime Minister. The members of the Supreme Court make decisions for people, who have went to the lower courts and were not satisfied with the decisions made, which made the Supreme Court the final option for a person to get what they want. The judges of the Supreme Court are subject to uphold the Charter of the Rights and Freedoms for every citizen of Canada. Whether the decision they make is a black and white decision, meaning that there is a straight forward decision that upholds the Charter, or if the decision that has to be made has any grey areas, meaning that there is some sort of conflict existing in the case that may prevent or intrude upon the rights of a person. Thus, in cases such as Mrs. E. v. Eve, the Law Society of Upper Canada v. Skapinker, and R. v. Ladouceur, the Supreme Court interprets the Charter of the Rights and Freedoms through judicial reasoning, which uphold the rights of a person and upholds the limitations surrounding those rights. .
             In the case of Mrs. E. v. Eve, Section Seven of the Charter, which entails life, liberty and security of the person, was seen as a violation to the rights of Eve. Mrs. E. wanted permission to give consent to the sterilization of her daughter Eve, because she was mentally challenged, which made it hard for her to communicate, and Mrs. E. thought that she would have to take responsibility if Eve were ever to become pregnant (Supreme Court records). Mrs. E.'s application to the Supreme Court of Prince Edward Island was successful, thus Eve appealed to the Supreme Court of Canada after the court made Eve a ward of the Court pursuant to the Medical Health Act solely to permit the exercise of the parens patriae jurisdiction (Supreme Court Records). The parens patriae jurisdiction entails that when there is no guardian, the Court will take full guardianship, but the decision made under this jurisdiction should be made for the benefit of the person (Supreme Court Records).


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