Legal Drift Canada – Page 2 – News & Articles on Canadian Law

Can you be Imprisoned for Beating your Child in Canada?

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Have you ever been worried that a school teacher may hit your child to instill discipline? Would such a teacher be imprisoned for this outrageous act? In most western countries corporal punishment is illegal. Such a teacher would face dire legal consequences. However, Canada might be the only developed nation which permits reasonable use of force against children by teachers, parents, and caregivers. Interestingly, Section 43 of the Canadian Criminal Code states that

“Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care if the force does not exceed what is reasonable under the circumstances”

Thus section 43 grants permission to school teachers, parents and/or guardians to use reasonable force against a child, in order to correct his/her behavior. The section can be widely …

Health

Deemed Consent In Nova Scotia’s Organ Donation Law

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Do we cease to have any ownership rights on our body after our death? Or do these rights transfer to our legal heirs? Or is it the state which owns our lifeless bodies? These questions have an emotional as well as a practical narrative attached to them. While some people believe that everyone owns posthumous rights over their bodies, others believe that the state being the rightful owner of the dead bodies can use them for organ donation or medical research.

Mostly, people decide about the treatment of their dead bodies in their lifetime. While some opt to be cremated or buried in a particular way, others choose to donate their organs for greater societal benefits. However, over the years, there has been a serious decline in organ donations worldwide. So the governments have come up with a unique solution. Simply put, everyone is a potential organ donor unless they …

Social Issues

How Secularism Bill 21 can lead Quebec into a Catch 22 Situation?

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Canada is a multicultural society where people from different sects, creeds, race, and nationality live in harmony and peace. People take pride in sharing their cultural values and celebrating their unique identity. However, a proposed bill in Quebec might change the way of life for some Canadians and their future generations forever. The Quebec Secularism Bill is being criticized for imposing restrictions on the cultural identity of people especially Sikhs and Muslim Women.

History Behind The Controversial Secularism Bill

It all started when a 29 year old Egyptian immigrant, who was studying a French-language course at the CEGEP, was asked to unveil herself. Upon her refusal to do so, she was removed from the government-sponsored program for wearing a niqab. This led to the ongoing debate of whether not allowing Muslim women to wear their veils amounts to cultural suppression or is it vital to ensure secularist attributes of the …

Social Issues

Can you commit adultery without having sex? Canadian Law Says Yes

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Canada is the only country in the world where adultery can be committed without having actual sexual intercourse. Ordinarily, adultery is defined as having voluntary sexual intercourse between a married individual and any person other than his/her spouse. The term “voluntary sexual intercourse” is extremely relevant to constitute adultery. Thus, emotional cheating or lack of consummation would not amount to adultery.

However, in Canada, a landmark judgment in the year 1921 changed everything. The court interpreted the concept of adultery on the basis of reproductive invasion and not merely fornication.

What was Orford v. Orford, 1921 CanLII 471 (ON SC) all about?

In Orford v. Orford , the husband contended that his wife committed adultery as she bore a child outside of their wedlock. The wife, on the other hand, argued that the child was born from artificial insemination and she did not engage in any sexual activity. It was …