Canada
R v. Ewanchuk, (February 25, 1999)
Supreme Court
Keywords: Sexual Violence
Brief Summary: This is an appeal from a dismissal against Ewanchuck for sexual assault. Although complainant made clear that Ewanchuk knew that she was afraid and an unwilling participant, the trial judge acquitted Ewanchuk on the defense of implied consent.
CEDAW: The Court recognized that having control over who touches one's body is at the heart of human dignity and autonomy. Justice L'Heureux-Dube held that CEDAW "requires respect for and observance of the human rights of women. Violence against women is as much a matter of equality as it is an offence against human dignity and a violation of human rights." Reliance on myths and stereotypes in order to deny a woman sexual autonomy is impermissible under CEDAW and the Canadian Charter of Rights and Freedoms.
Chan v. Canada (Minister of Employment and Immigration), (October 19, 1995)
Supreme Court
Keywords: Discrimination-Gender/Sex; Sexual Violence
Brief Summary: Appellant sought Convention refugee status based on the likelihood of her forced sterilization if she returned to China because of her breach of the one-child rule.
CEDAW: The Court accepted the premise that "the right...to decide freely and responsibly the number, spacing and timing of their children" was a basic human right recognized in international law in the ICCPR, and CEDAW to both of which Canada and China adhere.
Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), (January 30, 2004)
Supreme Court
Keywords: Other
Brief Summary: The Supreme Court dismissed an appeal from a case challenging Section 43 of the Criminal Code justifying the use of reasonable force by parents and teachers by way of correction of child or pupil on the grounds that it constituted cruel and unusual treatment and punishment.
CEDAW: The Court held that the notion of "in the best interests of the child" was an established legal principle (as opposed to a policy consideration) in international and domestic law under the Convention on the Rights of the Child as well as CEDAW (to which Canada is a signatory).