LAWS 2502 Lecture Notes - Lecture 5: Mootness, Henry Morgentaler, Fetus
Document Summary
He seeks declaration that legislation in invalid: lower saskatchewan court found that the fetus not protected by the chart and courts are not able to assess substantive content of legislation; There is no legal content to his case because the law has been struck down. An appeal cannot be transformed into a reference: the courts are concerned that if the legal dispute has disappeared, the case becomes a reference - which is a legal question posed to the court hypothetically. Rationale: the system is based on two parties having stake in an issue, court must assess whether it is worth spending money, resources, etc. If the court"s decision will have practical effect on rights of parties; If the issue raises an important and recurring (but brief) questions. If the issue is of public importance and there is a social cost to leaving it undecided: court must maintain their traditional role.
