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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.
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.
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.
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.
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
The Supreme Court of Canada dismissed his first constitutional challenge in 1975, brought under the division of powers and the Canadian Bill of Rights, but in 1988, the Supreme Court allowed his second challenge, brought under the Canadian Charter of Rights and Freedoms. The Court held that the abortion law was inoperative.
Joseph Borowski was a prominent anti-abortion activist in Saskatchewan who wanted to challenge the abortion provisions under section 251(4), (5), and (6) of the Criminal Code as violations to right to life in the Canadian Bill of Rights. In a seven to two decision the Court found that Borowski had standing to challenge the law.
Some scholars have noted that along with Borowski v Canada (AG) (1989), Tremblay v Daigle "closed off litigation opportunities by anti-abortion opponents" of pro-abortion rights Canadians. [4] Another scholar notes that this case, along with the Saskatchewan Court of Appeal 's Borowski decision and the Supreme Court case R v Sullivan (1991 ...