Morgentaler v. The Queen (Morgentaler I)
Canada Supreme Court
[1976] 1 S.C.R. 616 (1976)
- Written by John Reeves, JD
Facts
The Crown (plaintiff) charged Dr. Henry Morgentaler (defendant) with unlawfully performing an abortion on a woman, in violation of the Criminal Code of Canada. The law in question prohibited abortion unless a hospital committee determined that the pregnancy was a danger to the mother’s life or health. The jury found Dr. Morgentaler not guilty, but the Crown appealed. The Quebec Court of Appeal reversed the acquittal and entered a conviction against Dr. Morgentaler. Dr. Morgentaler then petitioned the Canada Supreme Court to review the matter. Dr. Morgentaler argued that the law criminalizing abortion was unlawful. According to Dr. Morgentaler, the Parliament of Canada did not have the right to criminalize abortion because such laws interfered with the authority of the Canadian provinces to regulate hospitals. The government argued, in contrast, that the Parliament of Canada did have the right to criminalize abortion,
Rule of Law
Issue
Holding and Reasoning (Pigeon, J.)
Concurrence (Dickson, J.)
Dissent (Laskin, C.J.)
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