Women's Studies 2270A/B Lecture Notes - Lecture 9: Fundamental Justice, Brian Dickson, Henry Morgentaler

• School: Western University
• Department: Women's Studies
• Course: Women's Studies 2270A/B
• Professor: Tyler Totten

Document Summary

1869, abortion made illegal in canada: punishable by life in prison, dissemination of information about birth control made illegal. 1969, parliament amended section 251 of the criminal code: decriminalizing contraception, allowing for abortions under restricted conditions, dr. morgentaler defies law and performs abortions in his medical practice. 1970, morgentaler is charged under section 251: conspiracy to perform abortions. 1971 1973, morgentaler is charged with 10 more criminal charges: 1973: morgentaler acquitted by jury, quebec court of appeal overturns the verdict. 1975, morgentaler appealed to scc: court upheld quebec court"s conviction, morgentaler tried on a second charge, federal government changes the law dealing with jury acquittals. 1988 scc strikes down canada"s abortion law found law to be in violation of s. 7 of the charter: v. morgentaler. Responses: (1): section 251 infringed on a women"s right to life and security. Right: a positive entitlement, requires action from the state. Freedom: absence from restrained, state should not prevent an action.