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Jewish Cemetery

Reburial in a Jewish Cemetery

As part of the Jewish High Holiday season, like many of my co-religionists I have gone through some introspection and wondered is there a case that defines me as a lawyer. Throughout my career I have had the opportunity to represent some very interesting clients and be involved is some very interesting cases. When I thought about it there were two very similar cases that came to mind.
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Supreme Court Of Canada

Jewish physicians’ freedom of conscience and religion and the Carter Case

How does the decision in the Supreme Court of Canada (SCC) in Carter v. Canada (Attorney General) (“Carter”) impact on the religious Jewish doctor? Will this landmark decision bring into conflict these doctors’ freedom of conscience and religion with their professional obligations? The Carter case sets aside federal criminal laws as they relate to physician assisted suicide. It stands for the proposition that individuals who are suffering unbearably have a constitutional right to a physician-assisted suicide. Canada now joins only eight other countries in the world that have decriminalized physician-assisted suicide in recent years. This is a fundamental change in the law.
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Is disinheriting your child for marrying outside the faith contrary to public policy?

As chair of B’nai Brith Canada’s Trusts & Estates Group I oversee the committee that chooses the subject matter and format of the continuing legal educational programs offered every year to the lawyers and accountants of our community. We choose topics that are relevant to the profession and to the Jewish community. This year we are examining whether a clause in a will that disinherits a child for marrying outside the faith is legal.
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Is disinheriting Jewish?

Howard and Martha have two children, Sam and Laura. Sam is married to a Jewish woman; Laura is on the cusp of marrying a Christian man. Howard and Martha like Laura's fiancée, but are distraught about their family’s role in the continued existence of the Jewish people; they know that…

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Disinheriting children who marry outside the faith

In Re Estate of Max Feinberg three Illinois courts reviewed what they called the Jewish Clause, which stated: "A descendant of mine other than a child of mine who marries outside the Jewish faith (unless the spouse of such descendant has converted or converts within one year of the marriage to the Jewish faith) and his or her descendents shall be deemed to be deceased for all purposes of this instrument as of the date of such marriage."
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