Course:Law3020/2014WT1/Group O

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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

  1. Whether the disputed claims disclose a cause of action, assuming the facts pleaded to be true?
  2. Whether principles of fiduciary duty applicable to private actors apply to governments?
  3. Whether government owed fiduciary duty to patients?
  4. Whether government breached s.15(1) (equality) of the Charter?

Ratio

Analysis

Held

Please click on the links below to access the respective theoretical approach

Created by X1,X2,[X3], X4
Legal Perspectives Legal Philosophers
A Natural Law Thomas Aquinas
B Legal Positivism John Austing, HLA Hart, Jeremy Benthm, Joseph Raz
C Separation Theory
D System of Rights Ronald Dworkin
E Liberty and Paternalism [John Stuart Mill & Gerald Dworkin]
F Law as Efficiency Susan Dimock
G Feminist Jurisprudence Patricia Smith & Catharine A. Mackinnon
[Professor Margaret Hall]