Approach taken by each judge resisted or fostered inclusion as legal persons (of women or persons with disability); and comment on the proposition that judges, while claiming to be neutral, are nevertheless reflecting normative choices or “ways of seeing” their society.
Short essay in which you compare and contrast the reasoning of judges in the case “pairs”; 2 discuss how the approach taken by each judge resisted or fostered inclusion as legal persons (of women or persons with disability); and comment on the proposition that judges, while claiming to be neutral, are nevertheless reflecting normative choices or “ways of seeing” their society.
The Sterilization Cases: E (Mrs) v Eve5 (decision of Justice Laforest in the Supreme Court of Canada) and Re B6 (decision of Justice Dillon, supplemented as relevant by one of the judges on appeal in the House of Lords)
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