Course:Law3020/2014WT1/Group O
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Revision as of 15:14, 24 March 2014 by Mcleodk132 (talk | contribs)
Alberta v Elder Advocates of Alberta Society
Flag of Alberta [1]
Introduction
This Wiki page will provide a general overview of the case of Alberta v Elder Advocates of Alberta Society. The Case Brief will follow and at the bottom of the page you will find links to the pages that relate the facts of this case to different legal theorists.
Facts
Issues
- Whether the disputed claims disclose a cause of action, assuming the facts pleaded to be true?
- Whether principles of fiduciary duty applicable to private actors apply to governments?
- Whether government owed fiduciary duty to patients?
- Whether government breached s.15(1) (equality) of the Charter?
Ratio
Analysis
Held
The Links Below Lead to the Different Theoretical Treatments
| Legal Perspectives | Philosophers | |||
| Natural Law | Thomas Aquinas | |||
| Legal Positivism | John Austin, HLA Hart, Jeremy Bentham, and Joseph Raz | |||
| Separation Theory | HLA Hart and Ron Fuller | |||
| System of Rights | Ronald Dworkin | |||
| Liberty and Paternalism | John Stuart Mill and Gerald Dworkin | |||
| Law as Efficiency | Susan Dimock | |||
| Feminist Jurisprudence | Patricia Smith and Catharine Mackinnon | |||