R. v. Morgentaler, [1988] 1 S.C.R. 30: A Landmark Case in Canadian Legal History
Introduction
The R. v. Morgentaler case is a cornerstone in the history of Canadian law, especially regarding women’s reproductive rights and the interpretation of the Canadian Charter of Rights and Freedoms. This article delves into the background, legal challenges, Supreme Court decision, and the enduring significance of this landmark ruling.
Background
This act was in direct violation of this law and it was intended to demonstrate the need for change and assert women’s rights to decide on abortion.
The Legal Challenge
Morgentaler and his co-accused were charged with operating a clinic contrary to the existing legal framework. The Supreme Court, therefore, had to determine whether the Criminal Code’ Section 251 contravened women’s rights under Section 7 of the Canadian Charter of Rights and Freedoms (Charter), particularly security of the person.
Supreme Court’s Decision
In an unprecedented move, where 5 judges voted in favor while 2 opposed, the Supreme Court declared that Canada’s abortion law violated section (“Abortion: The Morgentaler Decision” para 1). It placed emphasis on women’s infringements regarding safety for their selves as provided by section seven of Charter. The judges condemned the Therapeutic Abortion Committees’ arbitrary powers as well as compulsory certification procedure.
Significance and Aftermath
This was a very big decision. This not only means that abortions are no longer illegal in Canada, but it also set a major precedent surrounding personal autonomy. This case reflects a shifting interpretation of individual rights and freedoms within the parameters dictated by the Charter.
Conclusion
R v Morgentaler remains one of Canada’s most significant judgments ever rendered by its judiciary reflecting changing perceptions about individual liberties as well as judicial roles in enforcing these freedoms.”
