Prelude to a Blockbuster: USA v Ferras; USA v Latty
One of the more interesting things I learned in first-year Criminal Law was that, during the 1970s and 1980s, the Supreme Court of Canada ("SCC") twisted itself into knots over the defence of necessity. First, in Morgentaler v The Queen, [1976] 1 SCR 616, it neither confirmed nor denied that the defence existed at common law. […]