“R v. Morgentaler” and Abortion Rights in Canada

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Essay #: 055618
Total text length is 9,380 characters (approximately 6.5 pages).

Excerpts from the Paper

The beginning:
"R v. Morgentaler" and Abortion Rights in Canada
After a 1977 Badgley Report concluded that access to abortion in Canada was “practically illusory,” it became evident that the avenues that were available for obtaining abortions were not operating equitably across the country (Downie & Nassar, 2007, p. 143). The landmark decision of R v. Morgentaler (1988) in effect established that provisions limiting the right of a woman to acquire an abortion is an infringement to section 7 of the Canadian Charter of Rights and Freedoms to “security of persons” (“Morgentaler,” 1988). However, instead of settling the national discussion about abortion, Morgentaler rather ignited more debate on the issue. Despite significant commentary on the...
The end:
.....he opinion may be Morgentaler remains the leading authority for abortion rights for women, the first case in Canadian jurisprudence to bestow to accessing abortions to constitutional status. As such, Morgentaler is invaluable for subsequent challenges that may be required against provincial/territorial statutes that are impermissible limiting the right of a woman to obtain an abortion.
References
Downie, J. & Nassar, C. (2007). Barriers to access to abortion through a legal lens. Health Law Journal, 15, 143-173.
R. v. Morgentaler. (1998). Supreme Court of Canada, 30.
Weinrib, L.E. (1992). The Morgentaler judgment: constitutional rights, legislative intention, and institutional design. The University of Toronto Law Journal, 42(1), 22-76.