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R. V. MORGENTALER
Transcript of R. V. MORGENTALER
R. V. MORGENTALER
Abortion is a very controversial topic. Some believe that it infringes the right to life, liberty, and security of an individual, and promotes justice. The circumstances of allowing a woman to have control over her own body changes when she is impregnated because another life is involved. Section 1 of the Charter states that each woman has a right to decide things in regards to the developing fetus within her body. One of the judges explained this went against Section 7 of the Constitutional Rights which is the security of rights. Many others agreed that it went against Section 251 which is the violation of liberty and security of rights. Whether section 251 was an infringement on charter rights or was lawful and justified, the court came to a decision. They agreed this section 251 did have an important objective and it balanced the competing interests of the pregnant woman and the fetus.
Since this specific case, there have been no criminal laws put in place to deal with abortion in Canada. Twenty-five years ago, on January 28, 1988, the Supreme Court of Canada overturned our country’s criminal abortion law in an historic decision that gave women the right to abortion on request, without restrictions. It was a day of celebration for Dr. Henry Morgentaler and thousands of other pro-choice activists who had worked extremely hard for decades to win abortion rights.
Long Term Impact
Case name: R. v. Morgentaler
Collection: Supreme Court Judgments
Report:  1 SCR 30
Judges: Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.
On appeal from: Ontario
Subjects: Constitutional law
Since legalized, abortions are very common in Canada. For every 100 live births there are 30 abortions. It is not a criminal act any longer to have an abortion so women do not feel wrong having an abortion any longer and there are significantly less deaths due to botched abortions.
We think women should have the choice. If someone is raped or is still in school and does not think they could provide for their child or give them a good life, then they have the option of getting an abortion, knowing that it is safe and legal. Also, whether abortion was legal or illegal women would still get abortions under the table, which are dangerous. The significance of this is that Canada will have less deaths due to botched abortions.
Summary of Case
R v Morgentaler was a case that involved the Supreme Court of Canada. This case claimed that the abortion provision in the Criminal Code of Canada was unconstitutional, as it violated woman's rights under section 7 of the Canadian Charter of Rights and Freedoms to the security of a person. Since this ruling, there have been no criminal laws regulating abortion in Canada.
Abortion around the world
In Africa, abortion is allowed to save a woman's life, but only 20 states allow it in the case of rape or incest.
Europe has the highest number of countries that allow abortion on request
All countries in Asia allow abortion to save a woman’s life, however in Turkey it is only allowed during the first ten weeks of pregnancy, after that point it is not performed.
In Central America, some countries completely banned abortion, some examples are Nicaragua and El Savador.