Henry Morgentaler is a name known by many Canadians, to some he is a courageous champion of women’s rights, to many other’s he was despicable criminal guilty of one of the most heinous crimes there is: the murder of a child. One undisputable fact about Morgentaler however is that he has had a profound and long lasting impact on Canadian society. He is most famous for being one of the key players in the 1988 Supreme Court of Canada ruling that declared the law prohibiting abortion unconstitutional. Very few non-political figures have had as much of an effect on Canadian law, politics, healthcare and societal norms as Dr. Henry Morgentaler. There is much debate on whether Dr. Morgentaler’s legacy should be one of a hero to Canadian society or whether his impact has been detrimental, most likely his influence has been somewhere in between. Henry Morgentaler was born in Poland in 1923. During the Second World War, he and his family were …show more content…
v Morgentaler that he waged against what he believed was an outdated law. The trial was particularly notable because it was responsible for striking down Canadian legislation surrounding abortion making it so there is absolutely no law regarding abortion. It was overturned on the fact that it violated section 1(a) of the Canadian Charter of Rights and Freedoms, the right to life, liberty and security of the person (Hamilton). This is still the case today as there are currently no restrictions surrounding abortion in Canada, excluding several Maritime Provinces which have many societal factors stopping women from easily and cheaply accessing abortions. This would later prove to be one of the most significant and controversial decisions in Canadian law. It set Canada apart from many of our counter parts like America and Britain which even over 25 years after R. v Morgentaler still have much more restrictive laws regarding abortion
4)Robert J. Sharpe, Patricia I. McMahon Persons Case: The Origins and Legacy of the Fight for Legal Personhood. Toronto: Univ of Toronto Press, 2007, 1-206 5) Michael Dorland and Maurice René. Charland, Law, rhetoric and irony in the formation of Canadian civil culture (Toronto: University of Toronto Press, 2002), 218. 6) Vivien Hughes.
A recent federal lawsuit has been filed by the American Civil Liberties Union’s (ACLU) challenging the constitutionality of three provisions of the Setonia’s Abortion Laws. The three provisions ACLU are challenging are as follows (McCauliff): • Law which prevents state health officials from renewing or issuing licenses to abortion clinics located with 2000 feet of an elementary school (McCauliff). • Law which requires physicians performing abortions to complete 10 hours annually of continuing medical education on abortion procedures (McCauliff). • Law which requires abortion providers to give every patient a copy of her medical records, regardless of whether the patient requests such records (McCauliff).
1. What legislation did the provincial government propose? Why did it invoke the notwithstanding clause? The provincial government proposed the sexual sterilization Act which enabled the Alberta Eugenics Board to sterilize 2822 wards in order to “improve” the human race through parent selection.
The Right to Abortion On January 22, 1973, in a 7-2 ruling, the U.S. Supreme Court handed down it’s landmark decision in the case of Roe v. Wade, which recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians (Planned Parenthood). There are many moments in history when Roe v. Wade has been so close to being overturned, yet it is still in place. Abortion should stay legal, or not overturned, for the health of women everywhere. First, this important case took place at the time of abortion being illegal in most states, including Texas, where Roe v. Wade began.
Wade is a case concerning the woman’s right to have an abortion. Roe was a fake name given to a woman named Norma McCorvey in order to protect her identity. Norma McCorvey was a Texas resident who sought to terminate her pregnancy by having an abortion. At the time Texas law prohibited any abortion unless the abortion was going to save the mother’s life. The proposed question for this case was whether or not the constitution embraced a woman’s right to terminate her pregnancy by abortion.
Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.
In 1969, the Prime Minister Pierre Trudeau and his Liberal government made the contraception legal in Canada. But, they only allowed abortion under the situation that the mother's life is in danger. That was some progress, but that was far too little for the Pro-Choice supporters like abortion activist Dr. Henry Morgentaler who announced he has performed over 5000 abortion surgeries for women from all over the country. After 20 years of legal battles, finally, in 1988, The Supreme Court of Canada abolished Canada's abortion law as unconstitutional. Because it is against the Section 7 of the Charter of Rights and Freedom：A woman's right to life, liberty and security of a person.
Canada is now known to be a diverse, multicultural, bilingual and inclusive nation largely as a result of his work. Pierre Elliott Trudeau also believed in an equal Canada for all, he is primarily the one to introduce rights and freedoms to the citizens of Canada. While some view Pierre Trudeau as impulsive, for enforcing the War Measures Act, Trudeau enacted this for the protection of Canadian citizens against radical extremist and his actions were more rational than impulsive for the situation that had suddenly occurred. Pierre Trudeau was one of Canada’s greatest Prime Minister’s, who’s impact fundamentally changed the course of the nation by introducing multiculturalism, for introducing the Canadian Charter of Rights and Freedoms and for paradoxically upholding democracy by strong action during the October Crisis.
“On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973).
The Supreme Court case struck down the Massachusetts law that claimed that only married couples could obtain contraceptives that registered doctors or pharmacists provided. The Court stated that the law did not satisfy the rational basis test offered by the 14th Amendment. Perhaps one of the most widely known and controversial Supreme Court cases regarding contraceptives, Roe v. Wade still gains attention in legal debates today. The Supreme Court stated that by banning a woman’s right to an abortion, Texas violated her constitutional rights. Women hold the right to an abortion during the first trimester of pregnancy under their 14th Amendment rights.
Wade has been beneficial to our nation in more ways than one. According to plannedparenthood.org, “The ability to make this personal healthcare decision has also enabled women to pursue educational and employment opportunities that were often unthinkable prior to Roe.” This statement is exactly why this famous case should not be overturned. Sarah Weddington, the youngest woman that was on the Roe v. Wade case, said in an interview with The Guardian that although states do not have the capability to make abortions illegal, they do have the ability to make access to them near to impossible. eddington also mentioned that there is a vacancy in the Supreme Court and with all of the older male judges, if a few pro-life judges were to be elected in, our right to abortion could be at stake.
Before the Charter, many people may argue that Canada was a free and democratic country. Canadians had the freedom of expression, equality and the principles of fundamental justice. What changed with the creation of the Charter was that rights and freedoms were given constitutional status, and judges were given the power to strike down laws that infringed on them. In 1982, most Canadians agreed that the introduction of the Charter was going to monumental. But on the contrary, over 30 years later, numerous laws have been struck down by interpretation of the charter and remedial techniques that have been developed by courts.
As humans, we are given different rights that are meant to provide us with a chance at a good life. However, these rights can become compromised when it comes to conflicts between a pregnant woman and her fetus. The right of the fetus to live is seen as inferior to the right of the mother to have an abortion. Although each of the rights is different, it is not appropriate to say that one citizen’s rights are more superior than another citizen’s rights.
Women’s rights have been a long struggle in America’s legal system, as well as in the religious world, for many decades and women continue to have challenges, concerns, and struggles today. Fighting for what is best for their bodies such as a woman’s right to contraceptives to control whether she will get pregnant or not was not ideal for religious and personal reasons but would find a worthy advocate in a woman who would dedicate her life for women’s reproductive rights. The right for a woman to have an abortion became a legal battle that went all the way to the Supreme Courts in a very well-known case. It has always been a double standard in what was right and wrong, moral or immoral, towards women than men. A man was looked at with respect
Abortion is a huge argument in the world today. “In 1973 the U.S. Supreme Court held in Roe V.Wade that the right of privacy protects women’s decisions to end unwanted pregnancy before the fetus develops.” By 2013, 70 restrictions to curb the practice of abortion from 22 states. (Funk & Wagnalls pg.1). In 2014, five health votes were examined by the House of Representatives regarding the matter of abortion.