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Morgentaler v. The Queen (Morgentaler II)
Canada Supreme Court
(1988) 1 S.C.R. 30 (1988)
- Written by John Reeves, JD
Facts
The Crown (plaintiff) charged Dr. Henry Morgentaler (defendant) with unlawfully providing abortions, in violation of Canada’s criminal code. Under the criminal code, anybody who intentionally caused an abortion would be sentenced to life imprisonment. Any woman who intentionally obtained an abortion would be sentenced to two years’ imprisonment. But this did not apply if a hospital committee determined that the pregnancy would endanger the woman’s health or life. The jury acquitted Dr. Morgentaler, but the court of appeal imposed a guilty verdict on him. Dr. Morgentaler then sought review in the Canada Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Dickson, C.J.)
Concurrence (Wilson, J.)
Concurrence (Beetz, J.)
Dissent (McIntyre, J.)
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