POLS 3130 Chapter Notes - Chapter 9: Bertha Wilson, Ultra Vires, Henry Morgentaler
9 Nov 2016
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Week 9: criminal justice and the exclusion of evidence. Justice parker upheld the law saying it did not violate section 7: during the trial his lawyer argued a (cid:498)defence of necessity(cid:499) His violation of the law was justified because the law created delays and unequal access for women requiring abortions. Jurors returned with a not-guilty verdict despite the fact that the judge had told them no women had been kept from having an abortion. Morgentaler"s lawyer appealed that ruling that the law was not unconstitutional, and the court ruled against him once again. Justices also told him that he could not use the defence of necessity because there was no emergency situation: also chastised the lawyer for telling the jury they could ignore the law. Defining what is criminal can be politically contentious. Under the charter the courts can play a large role in shaping the content of criminal law.
