The Caregivers Case

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A Supreme Court Reference

An ordinary citizen does not have 'standing' to appear before the Supreme Court.
However an ordinary citizen can ask the Governor in Council, the Attorney General to refer to the Court important questions of law or fat concerning the interpretation of the Constitutional Acts
according to the Supreme Court Act Section 55

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In Canada the Attorney General can ask for such a reference. Accordingly Ms. Smith has submitted her case to the Honourable Anne McLellan, Minister of Justice and Attorney General of Canada, 284 Wellington Street, Ottawa, Ontario K1A OH8

A judicial reference is a legal opinion only. The Supreme Court cannot change the laws in question. Ms Smith maintains that inconsistency between the laws in question and the Charter is a source of public confusion and frustratoin and needs clarification.

A judicial review is a useful dialogue between judges and the legislature. A review of the impugned laws would serve the government to clarify apparent inconsistencies between these laws and other legislation and statements of governing parties. It would also help the state preparing future laws especially under current heavy pressure to provide national programs for institutional care only.

References must be on matters of national importance and this case, relating to the care of children, the sick, handicapped, elderly and dying is that.

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Ms. Smith has been an active proponent for 26 years of equality for all caregiving styles without government favoritism.

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Canada is a vast nation but the importance of care of our loved ones unites us.

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It is only when all paid and unpaid role options both have dignity that men and women can freely choose how best to contribute to society.