A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more
The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more
The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more
The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more
The appellant was convicted and sentenced to nine months of imprisonment under Section 192 of the Malawian Penal Code. Section 192 made it an offence to negligently engage in an act, which was likely to spread a dangerous life-threatening disease. E.L (the appellant) was HIV positive undergoing Anti Retroviral Treatment (ART). It was alleged that …Read more
This case considered whether a prisoner in ill health should be released from prison. The applicant was serving time in prison for murder. He argued that he should be released on bail given his ill health and that the delay in bringing his case to trial was unreasonable. He had been imprisoned since October 2007 …Read more
Gable Masango, a prisoner serving a twelve-year prison term in Malawi, brought suit against Malawian government officials claiming the conditions of his and his fellow prisoners’ imprisonment violated the Republic of Malawi Constitution and the Prison Regulations of the Prisons Act (“Prison Regulations”). The prisoner alleged that the prison provided insufficient resources, including insufficient diet …Read more
On 11 August 2002, K was convicted of killing his two year old stepson by tying him up and burying him alive. K admitted that he had committed the act but claimed to have been acting in a state of temporary insanity induced by smoking Indian hemp. He was found guilty of murder, which carries …Read more
The Respondent, Lekha, dismissed the Applicant, Banda, from employment for reasons related to the Applicant’s health. The Applicant was dismissed “immediately and without any formality” after she attended “HIV Voluntary Counselling and Testing” and tested positive for HIV. The Applicant claimed that during her employment she had never been incapacitated as a result of her …Read more