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R v Morgentaler, [1988] 1 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional because it violated women's rights under section 7 of the Canadian Charter of Rights and Freedoms ("Charter") to security of the person.
Morgentaler v R (also known as Morgentaler v The Queen) is a decision of the Supreme Court of Canada where physician Henry Morgentaler unsuccessfully challenged the prohibition of abortion in Canada under the federal Criminal Code. The Court found the abortion law was appropriately passed by Parliament under the laws of federalism.
R v Morgentaler [2] was a decision by the Supreme Court of Canada invalidating a provincial attempt to regulate abortions in Canada.This followed the 1988 decision R. v. Morgentaler, which had struck down the federal abortion law as a breach of section 7 of the Canadian Charter of Rights and Freedoms.
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justice
Establishes that the Bill of Rights is not concerned with rights in any abstract sense, but rather with the more modest objective of prohibiting restrictions on rights as they existed in Canada at the time the Bill of Rights was enacted. Reference Re Anti-Inflation Act: Supreme Court [1976] 2 SCR 373: Use of extraneous material in court decisions.
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In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing law was unconstitutional, and struck down the 1969 Act. [60] By a 5-2 ruling, the Court found that the 1969 abortion law violated a woman's right to "security of the person" guaranteed under section 7 of the Charter. [61]