POLS 3130 Lecture Notes - Lecture 24: Fetal Rights, Henry Morgentaler, Fetus
25 Nov 2018
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Legal cases involving ability to protest around abortion clinics and fetal rights: lewis (1996), demers (2003), wagner (2012) Morgentaler"s legal battles: round 2 a brief timeline. Clinics raided in winnipeg and toronto (1983) Trial in toronto, on (1983-84: doctors charged with conspiracy to violate s. 251, ontario trial judge does not find s. 251 violates charter. Ontario court of appeal (1985: upholds appeal of morgentaler acquittal, s. 251 of the criminal code does not violate the charter. Supreme court decision january 1988: law is struck down. Does s. 251 violate the charter: morgentaler"s defence argues: Liberty includes the right to govern one"s body (roe v. wade) Security of the person includes psychological security s. 7 includes substantive due process . Procedural versus substantive due process: presents evidence (badgley report) that there is unequal access to abortion across. Canada: crown substantive due process makes judges too political avoid americanizing the. Justice parker rules s. 251 does not violate the charter.
