PHL281H1 Lecture Notes - Lecture 16: Therapeutic Abortion Committee, Brian Dickson, Therapeutic Abortion
Document Summary
Phl281 lecture 16 autonomy and conscientious choice. Saved by s. 1 in the charter: 1 analysis, 1 says that it is acceptable for parliament to pass laws that violate the charter rights so long as doing so. Oakes test the violation of the right must: 1. serve a sufficiently important end (that the goal of the legislation is important enough) 1. the ends of s. 251 are to protect women"s health and the interests of the fetus both are legitimate ends for the government to seek now is there proportionality in the ends sought. 2. a. b. c. problems with therapeutic abortion committees mean that the means to an end are not rational. Doctrine of informed consent competence cannot be suffering from dementia, unconscious, or depressed, and must be of suitable age. 1: disclosure the doctor must tell you what the options are and the pros/cons of these options.
