The,Beginning,Human,Rights,thi law The Beginning of Human Rights
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In this articlewe will try to answer a controversial question: at what moment does a personbecomes protected under the Human Rights Law. In Canadathe answer can be found in three cases: R. v. Sullivan in 1991, Borowski v. Canada(Attorney General) in1989, Tremblay v. Daigle in 1989. In 1989 JosephBorowski a pro-life activist who was against abortions challenged the abortionprovisions under section 251 of the Criminal Code as violations of the Charterrights to life, security of person and equality of the fetus. The court refusedto decide whether the fetus had a right to life under sections 7 and 15 of theCanadian Charter of Rights and Freedoms. As a verdict for the Borowski v. Canada(Attorney General) the court stated that the questions of whether the alreadyunconstitutional section 251 of the Criminal Code violates fetal rights aremoot. The Tremblay v.Daigle case had the most interesting and controversial background. The caserevolved around the right of men to acquire injunctions to stop their partnersfrom obtaining abortions, while claiming to be protecting fetal rights. Thewhole case was closely tied to abortion issues and it was found that a fetushas no legal status in Canadaunder the Common Law and the Quebec Civil Law. The conflict began between two Quebec individuals namedChantal Daigle and Jean-Guy Tremblay. They were involved in a relationship in1988 and in 1989 Daigle became pregnant. Shortly after, the relationship endedin a dramatic way and Daigle decided to obtain an abortion. Tremblay sought aninjunction to halt the abortion and claimed that he was protecting the fetus'sright to life, he also defended this right in claiming that fetus is indeed aperson. The case reached the Supreme Court, but at that time Daigle left Quebec and went to the United States to terminate thepregnancy. Still the Supreme Court considered the case to be very important anddecided to give an unanimous decision on it. The court ruled that there was noprecedent for men's rights to protect their "potential progeny." The R. v.Sullivan case revolves around a situation when two individuals without medicaleducation were hired as midwives. During the childbirth that occurred in a homeand not at hospital the contractions stopped after the child's head appearedand tragically the child died during birth. The midwives were charged withnegligence regarding both the child and the mother. The charge itself becamethe argument that ended this case, the British Columbia Court of Appeal foundthat in the common law tradition negligence occurs only with respect to personsand to be legally considered a person, one must be fully outside the mother'sbody and must be alive at birth. In the aftermath of this case the two previouscases here were used by Professor Peter Hogg as argumentation of the fact thata fetus until the end of birth can not be considered a legal person.Formore information regarding Lawsuits,Legal questions, Citizenshiplawyers and Toronto Lawyer please visit: www.lawyerahead.ca
The,Beginning,Human,Rights,thi