R. v. Morgentaler took place during January 28th, 1988
Dr. Margentaler and his co-defendants operated an abortion clinic, that provided abortion services contrary to the Criminal Code. The first court found Dr. Margentaler not guilty of any crime but the Appeal court overturned their verdict. A new trail was ordered and the case brought before the Supreme Court of Canada.
In a five to two judgement, the Supreme Court ruled in favor of Dr. Maegentaler. The seven judges that attended this case were Dickson, Beetz, Estey, McIntyre, Lamer, Wilson and La Forest. The five Judges indicated there were no justifiable reasons for Section 7 of the Charter of Rights and Freedoms to be violated. The court stuck down Section 251 of the Criminal Code because of it`s violations to Section 7. McIntyre and La Forest were the minority stating that Section 251 of the Criminal Code was only to be used if there was a heath or life risk to the mother and that Section 7
didn`t add any additional rights for abortions.
This case didn`t create the right to terminate a pregnancy in any situation other than life threatening ones. This decision left a void for the members of Parliament to fill with new legislation. The judges voted in favour of the society and the individual that allowed woman to decide if they want to kept their baby or not. This right is now given to all woman not just those who`s health could be at risk or their life by carrying a baby full term.
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