R v Morgentaler | |
---|---|
Hearing: October 7–10, 1986 Judgment: January 28, 1988 | |
Full case name | Dr Henry Morgentaler, Dr Leslie Frank Smoling and Dr Robert Scott v Her Majesty The Queen |
Citations | [1988] 1 SCR 30, 63 OR (2d) 281, 37 CCC (3d) 449, 31 CRR 1, 62 CR (3d) 1, 26 OAC 1 |
Docket No. | 19556 [1] |
Prior history | Judgment for the Crown in the Court of Appeal for Ontario |
Ruling | Appeal allowed, acquittal restored |
Holding | |
Section 251 of the Criminal Code violates a woman's right to security of person under section 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter. | |
Court membership | |
Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest | |
Reasons given | |
Plurality |
|
Dissent | McIntyre (132–161), La Forest concurring |
Chouinard and Le Dain took no part in the consideration or decision of the case. |
R v Morgentaler, [1988] 1 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional because it violated women's rights under section 7 of the Canadian Charter of Rights and Freedoms ("Charter") to security of the person. Since this ruling, there have been no criminal laws regulating abortion in Canada.[2]