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 a 62 year old female diagnosed with schizophrenia. She had a long-standing history of hospitalization, treatment, release, de-compensation, relapse, and re-admission. When psychotic, the appellant had a history of troubling behaviour, including attempts to divert traffic, throwing objects out of a window, crashing her car and smashing other cars with brooms. The …Read more

The applicant’s son, A.J., had a history of mental health disorders, and alcohol and substance addiction, and since 1984 had spent several periods in psychiatric hospitals. During the period in September 1999 in which A.J. was hospitalised, the doctor treating A.J. did not permit him to leave the hospital whilst he was being treated. However, …Read more

These are two separate appeals where both appellants challenged the Magistrates’ Court’s decision on the jurisdiction of Drug Treatment Court (DTC) to deal with alcohol addiction and traffic offenses under Section 68 of the Criminal Code Act 1907. They were heard together because they raised the same legal issues. Both appellants suffered from addiction to …Read more

The applicant has been a heroin addict since 1973, suffered from hepatitis C since 1975 and been HIV-positive since 1988. Attempts to overcome his heroin addiction through various treatments failed, and from 1991 to 2008 he was treated with drug substitution therapy. In 2008, the applicant was arrested on suspicion of drug trafficking and detained …Read more

L.G, a New Zealand national, was employed as an English teacher in the Republic of Korea. She held an E-2 working visa for “native speaker conversation instructors.” Korea required all persons holding an E-2 working visa to undergo testing for HIV/AIDS and illegal drugs at a government hospital before they could register as alien residents …Read more

This case concerned physician-assisted suicide in South Africa. The applicant, a 66-year-old highly educated, experienced lawyer with four children and a mother, had terminal stage 4 cancer with only a few weeks left to live and brought suit against various government ministries. He sought a declaratory order that a medical practitioner may end, or enable …Read more

After Plaintiff Gloria Taylor was diagnosed with a terminal illness in 2009, she challenged the constitutionality of the Canadian Criminal Code Section 241(b), which prohibited assistance in dying. The trial court held that the law was unconstitutional and granted Taylor an exemption from the law. The Court of Appeal reversed, basing their decision on the …Read more

The appellant was an Indigenous resident of Palm Island in Queensland who was charged with possession of more than a prescribed quantity of liquor in a restricted area on Palm Island contrary to section 168B of the Liquor Act 1992 (Q) (“Liquor Act”). Palm Island was a “community government area” within the meaning of the …Read more

The plaintiff qualified for a class action suit and sought to gather members to the class. The class action was filed for physical harm suffered by patients who were injected with a cosmetic facial filler called Dermalive manufactured by Dermatech, Intradermal Distribution Inc., and Vivier Pharma Inc. The plaintiff proposed to directly notify class members …Read more

The applicant’s late wife suffered from total sensorimotor quadriplegia. The couple requested the German Federal Institute for Drugs and Medical Devices (the “Federal Institute”) grant her authorization to obtain a lethal dose of pentobarbital of sodium so she could commit suicide. The Federal Institute refused the request on the grounds that the German Narcotics Act …Read more

This case concerned an application against the Czech Republic lodged with the European Court of Human Rights (ECHR) under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention). The applicant alleged that he was ill-treated in a sobering-up centre in violation of Article 3 of the Convention, and …Read more

This case involved a challenge to background checks for government jobs on the basis of constitutional privacy.  Nelson and twenty-seven other federal contract employees, working for NASA at a government laboratory at the California Institute of Technology, claimed that two elements of a standard employment background investigation violated their constitutional rights:  a questionnaire that asked …Read more

The applicant is a publisher of a national daily newspaper in the United Kingdom, The Daily Mirror (the “applicant”). In early 2001 the applicant carried a front-page article entitled “Naomi: I am a drug addict”, placed between two color photographs of Ms. Naomi Campbell, a well-known model. The first photograph showed her dressed in a …Read more

Insite was a medical facility that supervised intravenous drug use. It was established in response to escalating intravenous drug use and a rise in HIV/AIDS and hepatitis C infections among the population of the downtown eastside (DTES) area of Vancouver. In 2003, pursuant to section 56 of the Controlled Drug and Substances Act (CDSA), which …Read more

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more

In 2006, police found over 700 grams of methylamphetamine in Momcilovic’s apartment. Forensic evidence linked the drugs to her partner, but not to Momcilovic. She denied knowing that the drugs were in her apartment or that her partner was involved in trafficking. Her partner admitted at Momcilovic’s trial that the drugs were in his possession …Read more

The applicant was a Russian national who was convicted of drug trafficking and was serving his sentence in prison in Russia. The applicant complained to the European Court of Human Rights (the ECHR) about the conditions of his detention in the cells he had been imprisoned in, and that an effective domestic remedy hadn’t been …Read more

The applicant was a Swiss national who lodged a claim before the European Court on Human Rights (the ECHR), relying on Article 8 of the European Convention on Human right (the Convention), that his right when and how to end his own life had been violated by the state. The applicant claimed to the ECHR …Read more

The appellant operated an Allied Professional Health Unit. On July 25, 2008, the respondent, accompanied by the police, entered the appellant’s premises where they “inspected, searched and impounded some drugs found thereon.” The respondent claimed that the premises was not licensed, arrested the appellant, and confiscated the impounded drugs. The High Court dismissed the applicant’s …Read more

Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more

Petitioner, the Paraguayan subsidiary of Philip Morris, filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 and 11 of the WHO Framework Convention on Tobacco Control (FCTC), and thus provided for stronger warning/labeling requirements than those of the law …Read more

Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

This case was an appeal regarding the perpetration of an administrative misdemeanor. On August 14, 2010, the Chief of the Kutaisi City 2nd Police Department sent a report on administrative misdemeanor against X to the Kutaisi City Court. A drug test showed that X had consumed marijuana. As a result, an administrative fine of 500 …Read more

The applicants, Mr. Eulalio and Mrs. Ariadna worked as nurses at the Prison of Albacete. The prison had, allegedly, implemented the so-called Syringe Exchange Program (“Program”), a public health program developed by the Penitentiary Health General Sub-Directorate. The experimental Program was launched with the objective of preventing the transmission of diseases between inmates by, among …Read more

The Petitioner, Lawrence Amaechi Eneh, was a native and citizen of Nigeria. He had contracted HIV while working in a nursing home in the United States. He was living with HIV-related illness, Capsis Sarcoma and Valley Fever, a disease of the lungs, at the time of the proceedings. The Petitioner was convicted for the sale …Read more

The plaintiff, Cesar Alejandro Baldivieso, felt sick and so he went to a public hospital were doctors found that he had ingested capsules containing cocaine. The doctors passed along this information to police officers working at the hospital. As a result of this disclosure, Baldivieso was prosecuted and found guilty of drug trafficking by the Federal …Read more

This case was an unconstitutionality action brought by the Guatemalan Association of Pharmacists and Chemists et al. challenging the Liberalization of Importation of Medicines Act. The claimants argued that the Act’s elimination of requirements for imported medicines such as expiration dates, instructions in Spanish, and required government testing violated constitutional competition provisions, intellectual property and …Read more

ANVISA (National Agency for Health Surveillance), brought action seeking a review of the lower court’s decision allowing Phillip Morris to refrain from placing the health warnings on the packaging of its tobacco products as required by Resolution 54/2008. The plaintiff alleged that failure to follow the tobacco-control regulation requiring tobacco companies to place a warning …Read more

Petitioner (a consortium of tobacco companies) sought to strike down Resolution N°298 of the Ministry of Public Health SG No. 298, which established stricter and more compelling warning requirements for cigarrette boxes and labels. The consortium alleged the Resolution (of administrative decree status –i.e, infra-legal) had been issued in violation of a hierarchically superior norm, …Read more