“The state has a legitimate interest in protecting the unborn”: Statement on the 30th anniversary of the Morgentaler Decision

Posted January 28, 2018 6:02 am by Editor

“The state has a legitimate interest in protecting the unborn”: Statement on the 30th anniversary of the Morgentaler Decision

Exactly thirty years ago, the Supreme Court of Canada ruled that existing abortion provisions in our nation’s Criminal Code violated a woman’s Charter rights to the security of person, and were thus unconstitutional. Since that ruling, there has been no criminal law regulating abortion in Canada. Yet, Mr. Justice Gerard Mitchell, retired Chief Justice of Prince Edward Island, has noted that at the time of the 1988 Morgentaler decision, “none of the seven judges held that there was a constitutional right to abortion on demand”. In fact, “all of the judges acknowledged [that] the state has a legitimate interest in

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