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Supreme Court of Canada


Sterilization should never be authorized for non-therapeutic purposes under the parens patriae jurisdiction (Supreme Court Records). There was no consent given by Eve, so it could not be determined that sterilizing her would benefit her because the intrusion of her rights and the ensuing physical damages outweighed the advantages of sterilizing her, which creates a lack of jurisdiction in this case (Supreme Court Records). Through the judicial reasoning of the parens patriae jurisdiction and the sterilization of a person, the Supreme Court of Canada cleared the grey area in the case of Mrs. E. v. Eve by upholding the rights of Eve, under section seven of the charter, and upholding the limitations of the parens patriae jurisdiction. .
             Section six of the Charter, allows all citizens of Canada to move and remain in and out of Canada and also allowing all citizens and those that can establish permanent residence, to pursue a livelihood anywhere in Canada, but there are limitations that coincide with the principles of section six two (b). Shapinker was a South African man, who wanted to be a lawyer in Ontario, but he did not meet the requirements under Section twenty-eight (c) of the Law Society Act (Supreme Court Records). He thought his rights under section six two (b) were violated and infringed upon so he went to the Supreme Court of Canada. If one were to look at section six part two and three, it states that citizens and those that can establish permanent residence in Canada can move freely within Canada and pursue the gaining of a livelihood in any province, but with that right are the limitations, which are found in part three (Canadian Charter of Rights and Freedoms). It states that the rights in section six part two are subjected to any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence, and that any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services (Canadian Charter of Rights and Freedoms).


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