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Chapter 7-12

Morgentaler v Borowski Ch. 7-12.docx

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Political Science
POLS 3130
Dennis Baker

Chapter 7 Joe Borowski o Appointed to cabinet in 1969 - Minister of transport and minister of Public Works - Together held largest budget o Known for honesty and hard work - Didn’t take bribes or like corruption o He became a “hero figure” for NDP 1970 o His stubbornness almost brought down the NDP - Responded the “opposition can go to hell” and wouldn’t apologize therefore kicked out of the House of Commons - This made the NDP members mad Abortion issues o Started by accident - Canadian hospitals were making arrangements for Canadians to get legal abortions in USA o He believed abortions were morally wrong o He accidentally locked out a women’s liberation group when they were invited into visit the ministry - Claimed it was for safety reasons, but no one believed him - During apology he further insulted them by saying “its impossible to insult any abortion group” 1971 o He resigns on principle - What was the point in being a member of the House unless you could speak your mind o Continued to sit as an independent member ‘till 1973 when he was defeated o He believed the NDP lost its initial goal - Economic issues, not abortions 1973 o He spearheads a new pro-life group. In Manitoba - Started in a basement with influential men who wanted to remain homeless o Foundation received donations but these were not tax deductible donations 1975 o He goes to jail Chapter 8 o Supreme court of Canada (1875- 1949) - First 100 years thought of as a joke filled with drunks - Worked in shadows of the JCPC - It lacked responsibilities, influence and prestige that a nations “final court of appeal” normally had - Even after JCPC was dispended it still had problems - Provinces feared courts with federally appointed, by federal government without provinces input - At first Minister conferences were the preferred setting for fed- provincial disputes= unwritten conclusion - It was hard for the SC of C to protect constituently entrenched rights o “Warren Court” - Named after its chief justice - It was the well renowned court of the USA - It helped deal with racial segregation in the South, Diefenbaker bill of rights (1960) - Written rights -Problem; enacted as federal statue not constitutional amendment, therefore lacked higher law - Can the SC of C over rule a statue that conflicted w/ bill of rights or would this violate parliamentary supremacy 1970’s o The problem was solved the courts would not be able to do this. The tradition of parliamentary supremacy won. o Therefore the SC denied itself the power - Follows way of English (less intrusive) not Americans Henry Morgentaler o On trial at SC for violating the abortion previsions of the Criminal Code and Morgentaler also put on trial Canada’s abortion laws (2 cases in 1) o SC - Allows interviewer status to both parties - Does not usually do this (2 time) o Laskin Scandal - PM Trudeau appoints French judge over English judge with more experience (and it was out of truth) as chief justice of Canada - This judge agreed w/ both major political issues (Federalism and 1960s Bill or Rights) o This was good news for Morgentaler because this meant the judge was sympathetic to his case (“Laskin factor”) o Also put SC in centre of nations Political life for first time 2 Options o Would SC over rule Quebec Appeal courts ruling and set Margentater free or order a new trial o Follow the American path and declare Abortion law invalid under the Bill of Rights o Morgentalers lawyer tried to get a judge recused but it failed o From this point forward SC found itself involved in a lot of Political, Federal and Provincial battles Chapter 9 o Morgentaler - In huge amount of dept - SC rules 6-3 against him - New feces 18 months in jail Chief Justice Laskin - Says this is because Canadian Bill of Rights was not intervened in the constitution - Would be reformers began to call for a constituently enriched Bill of Rights Morgentaler o Goes to jail and does not like it o The debate continues to continue on w/ out him To protect Trial by Jury o If an appeal court found that a jury’s a equality was caused by an error in law they could order a re trial but never convict on their own Morgentaler o Was tried against in Quebec for 5 other charges - Offered a deal but refused - Found not guilty but Jury - Defense of necessity o Goes to court of appeal again -This tie he wins - Now original case gets re tried, on the grounds that the section 45 had been denied but defense of necessity was still on the table o Section 251 of the Criminal code is o longer enforceable in Quebec -Rise of liberal minded people in Quebec that Stemmed from the free sexual relations movement in the 60s o Became judges US juries in this case - Meaning Juries opinion VS actual law o Quebec became the only province that allowed abortion clinics—Very Catholic o OM Tredeau did not want to reopen issues even through legally it was not right- the issue had become to sensitive and wanted to maintain Ottawa- Quebec relationship Chapter 10 o In 1978 - Got pro life lawyers to see if it was possible to launch a lawsuit against abortion laws - It was possible to stop the funding of abortion clinics- he therefore tried it o Meets a lawyer named Morris Shumiatcher - Apparently he is the best - He designed the “right to life” constitutional challenge - Acted as a badge of credibility of Borowski - He was now more respected -Very smart man - Graduated with master and doctorate of Law - Youngest lawyer appointed Kings - Served as CCF ministers legal counsel -
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