POLS 3130 Chapter Notes - Chapter 21-24: Fetus, Middleground, Henry Morgentaler
17 Apr 2013
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Chapter 21 the supreme court decides whether to decide. October 3, 1988 borowski came back with three interveners, even though there was no woman complainant being denied an abortion or a doctor charged with performing illegal abortion. Argued that under section 7 of the charter (right to life liberty and security of the person), the unborn child should be included. The court had invalidated section 251 which robbed borowski"s claim of any legal grounding. Jurisdiction was an issue scc vs. parliament. However it was difficult because judges also knew that they weren"t just dealing with borowski the individual but borowski the symbol - he represented the millions of canadians who were pro-life, and. Morgentaler has his day in court, it might be considered biased if borowski didn"t get his. There were no laws regarding abortion so in this case the scc would be acting strictly as a policy maker.
