POLS 3075 Chapter Notes - Chapter 19: Therapeutic Abortion Committee, Neil Mccormick, Henry Morgentaler

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Landmark case, dealing with a woman"s right to have an abortion. Process of procuring permission for abortion: woman"s request must be accepted by therapeutic abortion committee of an accredited hospital that pregnancy was unsafe, abortion performed by qualified medical practitioner. Members of court felt that this lengthy process violated woman"s right to fair treatment. Bottom line: is it constitutional to force woman to carry baby to term: law says yes, it is constitutional. If she aborts without consent from physician then she can be punished under criminal code. Wilson and colleagues find that this law is against fundamental justice in charter. To ascertain content of right to liberty, must look at dickson c. j"s comments in r. v. big. M drug mart ltd (1985: analyse purpose of that right, consider purpose of charter. State must respect choices made by individual. Aspect of respect for human dignity which charter is founded: right to make fundamental personal decisions w/o interference from state.

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