POLS 3130 Chapter Notes - Chapter 7-12: 18 Months, Abortion Law, Abortion Clinic

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Published on 17 Apr 2013
School
University of Guelph
Department
Political Science
Course
POLS 3130
Professor
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
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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 (2nd 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
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Document Summary

Joe borowski: appointed to cabinet in 1969. Minister of transport and minister of public works. Together held largest budget: known for honesty and hard work. Didn"t take bribes or like corruption: he became a hero figure for ndp. 1970: 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. Canadian hospitals were making arrangements for canadians to get legal abortions in usa: he believed abortions were morally wrong, 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 . 1973: he spearheads a new pro-life group. Started in a basement with influential men who wanted to remain homeless: foundation received donations but these were not tax deductible donations.

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