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Top Five 2005

Each year Justice Stephen Goudge of the Ontario Court of Appeal identifies five cases that are of significance in the educational setting. This summary, based on his comments and observations, is appropriate for discussion and debate in the classroom setting.

Summaries of important legal cases from 2005, as identified by the Honourable Mr. Justice Stephen Goudge of the Ontario Court of Appeal at OJEN’s 2005 Summer Law Institute.

1. Auton (Guardian ad litem of) v AG of British Columbia, [2004] 3 SCR 657, 2004 SCC 78

This case raises the issue of whether the Province of British Columbia’s refusal to fund a particular treatment for preschool-aged autistic children violates the right to equality under the Canadian Charter of Rights and Freedoms” [para. 1]. The full decision is available here.

2. Chaoulli v Quebec (Attorney General), [2005] 1 SCR 791, 2005 SCC 35 

Does a prohibition against privately funded healthcare violate the Charter of Rights and Freedoms if the public health care system is not adequately treating citizens? The full decision is available here. 

3. R v Orbanski, R v Elias, [2005] 2 SCR 3, 2005 SCC 37

Limits on an individual’s Charter right to counsel during a roadside alcohol-screening test. The full decision is available here.

4.  R v Hamilton, [2005] 2 SCR 432, 2005 SCC 47

Counseling someone to commit a criminal offence in the context of Internet communications. The full decision is available here.

5. Tierney-Hynes v Hynes, (2005), 75 OR (3d) 737 (CA)

This case discusses the court’s ability to vary a dismissal or termination of a support order, if one of the spouses’ financial situation changes. The full deicision is available here.


Date Produced: 2005

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