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LWSO 335 (17)
Lecture 2

LWSO 335 Week 2 Notes

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Law and Society
LWSO 335
Linda Mc Kay- Panos

When someone has been charged, any good defence lawyer is going to see if its Constitutional and if any argument that been in the past that it is unconstitutional. History of abortion:  Not a criminal offence  Offence of the church  Only and offence ifthhe baby has been moving- has soul  Criminalized in 19 century  Performed abortion = life in prison , 7 years if you recieved  Common law code: o RvBourne 1939 o 14 years old, gang raped by soldiers o deemed medically necessary for her mental health o common law o Britain common law holds in Canada o In 1969 – section 251  if you appear before a TAC, and they decided that continued pregnancy endangered your life, you could get an abortion  a result of lobbying by doctors, and some feminism o 1973 Dr decided that women should have access without having to go through TAC  TAC took a long time  Not all hospitals even had a TAC  “issues of procedural fairness”  set up abortion on demand clinic  was charged. (no charter in 1973)  jury applied nullification (bad law so they were going to acquit it)  if someone in acquitted, crown can appeal  did serve jail time  now there was a charter, if 251 was unconstitutional, he would not be guilty  7 judges heard him  5 said because of the delays that it caused, it violated section 7, takes too long  one judge was a female judge, was not able to leave it as procedural violation, it is substantial, violated section 7 and 15 (equality) Government? it’s a law Rights and Freedoms? Yes, section 7, one judged said also 15 Saved by section 1? No, there may be a less abusive way. Law is flawed Appropri
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