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R v Morgentaler, [1988] 1 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional because it violated women's rights under section 7 of the Canadian Charter of Rights and Freedoms ("Charter") to security of the person.
R v Morgentaler [2] was a decision by the Supreme Court of Canada invalidating a provincial attempt to regulate abortions in Canada.This followed the 1988 decision R. v. Morgentaler, which had struck down the federal abortion law as a breach of section 7 of the Canadian Charter of Rights and Freedoms.
Morgentaler v R (also known as Morgentaler v The Queen) is a decision of the Supreme Court of Canada where physician Henry Morgentaler unsuccessfully challenged the prohibition of abortion in Canada under the federal Criminal Code. The Court found the abortion law was appropriately passed by Parliament under the laws of federalism.
The Canadian affiliate of Planned Parenthood, now known as the Canadian Federation for Sexual Health, is also in favour of abortion rights, and while it does refer pregnant women to abortion providers, it does not have a history (unlike its American counterpart) of engaging in widespread litigation in favour of legalized abortion.
Wagner protested in private abortion clinics in Toronto. [3] She was arrested for the first time in 2012. [4] Following a nearly two-year-long trial, Judge Fergus O'Donnell found her guilty of mischief and probation violation, sentencing her to nine months in prison and two years away from abortion clinics.
People who seek or obtain abortions can face prison time in more than 120 countries, according to an analysis of abortion penalties around the world.
The wording of section 7 says that it applies to "everyone". This includes all people within Canada, including non-citizens. [4] It does not, however, apply to corporations. [5] Section 7 rights can also be violated by the conduct of a party other than a Canadian government body.
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