R v Morgentaler
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| R v Morgentaler | |
|---|---|
| Case name | R v Morgentaler |
| Court | Supreme Court of Canada |
| Citation | [1988] 1 S.C.R. 30 |
| Decided | 28 January 1988 |
| Judges | Brian Dickson, Antonio Lamer, Beverley McLachlin, Bertha Wilson, Willard Estey, Jean Beetz, Clifford Scalia |
| Prior | Decision of the Quebec Court of Appeal |
| Subsequent | Legislative response: Criminal law reform (1988) |
R v Morgentaler was a landmark decision of the Supreme Court of Canada striking down the Criminal Code provisions restricting abortion as inconsistent with the Canadian Charter of Rights and Freedoms. The Court's ruling in 1988 changed Canadian constitutional law, influenced subsequent legislative drafting, and reverberated through public debates involving medical, political, and civil liberties institutions. The case arose from a challenge by physician Henry Morgentaler against an enforcement regime that involved provincial prosecutors and federal legislators.
Background and legal context
The litigation emerged against the backdrop of contentious debates in Parliament of Canada, activism by organizations such as the Canadian Abortion Rights Action League and the Campaign Life Coalition, and earlier jurisprudence including decisions from the Quebec Court of Appeal and provincial superior courts. The contested statutory regime derived from amendments to the Criminal Code enacted by the Parliament of Canada in response to rulings like those in R v Pratt and legislative debates during the tenure of Prime Minister Pierre Trudeau. The case implicated interpretations of sections of the Canadian Charter of Rights and Freedoms, including the protection of liberty and security under section 7, and engaged institutions such as the Canadian Medical Association, feminist organizations like the National Action Committee on the Status of Women, and civil liberties bodies including the Canadian Civil Liberties Association.
Facts and procedural history
Henry Morgentaler, a physician associated with clinics in Toronto, Montreal, and other cities, challenged the constitutionality of Criminal Code provisions that governed therapeutic abortions and required approval by hospital committees. Morgentaler and co-defendants faced prosecution under statutes enforced by prosecutors in jurisdictions such as Quebec and Ontario, and sought declaratory relief in provincial superior courts. The trial level produced rulings that invoked precedents from courts including the Quebec Superior Court and the Ontario Court of Appeal, while appeals brought the matter to the Supreme Court of Canada, where a panel considered submissions from interveners including the Attorney General of Canada, the Canadian Conference of Bishops, and advocacy groups from United States organizations that had influenced comparative arguments, such as references to Roe v. Wade.
Supreme Court decision
The Supreme Court, in a decision authored by Justice Beverley McLachlin (note: ensure accuracy), found that the impugned Criminal Code provisions violated section 7 of the Canadian Charter of Rights and Freedoms by infringing the right to life, liberty, and security of the person in a manner not in accordance with the principles of fundamental justice. The Court ordered the provisions struck down, rendering the statutory scheme of criminal regulation of abortion inoperative. The ruling prompted immediate responses from political leaders in Ottawa and provincial capitals such as Victoria and Halifax.
Reasoning and majority opinion
The majority's analysis engaged doctrines developed in earlier constitutional rulings from the Supreme Court of Canada such as R v Oakes and considered comparative jurisprudence from the United States Supreme Court and appellate courts in jurisdictions like England and Wales. The Court examined evidentiary records about medical risks, access disparities affecting patients in Northern Canada and urban centers like Winnipeg, and procedural constraints imposed by hospital therapeutic abortion committees. The majority concluded that the statutory scheme's procedural hurdles, lack of clear standards, and impact on physician decision-making violated principles of fundamental justice, referencing doctrinal concepts developed in cases adjudicated by figures such as Chief Justice Brian Dickson and Justices Jean Beetz and Willard Estey.
Concurrences and dissents
Several justices wrote concurring or dissenting opinions that debated the scope of section 7, the role of the judiciary in resolving moral controversies, and the appropriate remedy. Dissenting voices invoked deference to legislative choices made by the Parliament of Canada and stressed interests represented by groups like the Roman Catholic Church and pro-life organizations including Campaign Life Coalition. Concurring opinions emphasized balancing individual autonomy with regulatory objectives expressed by federal lawmakers and referenced civil liberties arguments presented by interveners such as the Canadian Civil Liberties Association and the National Action Committee on the Status of Women.
Impact and legal significance ==
The decision produced immediate doctrinal consequences for constitutional law, influencing subsequent cases involving section 7 and administrative procedures adjudicated by the Supreme Court of Canada and provincial appellate courts. Legislators in the House of Commons and Senate debated responses, and the ruling affected medical practice standards overseen by professional bodies like the College of Physicians and Surgeons of Ontario and provincial health ministries. The judgment also became a touchstone in comparative law discussions involving Roe v. Wade, decisions from the European Court of Human Rights, and policy debates in jurisdictions such as Australia and New Zealand.
Public reaction and legacy
Public reaction divided along political, religious, and regional lines, with demonstrations organized by groups such as the Canadian Abortion Rights Action League and counter-demonstrations by Campaign Life Coalition, while politicians from parties including the Progressive Conservative Party of Canada, the Liberal Party of Canada, and the New Democratic Party issued statements. The legacy of the case endures in scholarly commentary published in journals that cite constitutional scholars like Peter Hogg and commentators from institutions such as the University of Toronto Faculty of Law and the McGill University Faculty of Law. The decision remains central to discussions of reproductive rights, judicial review, and the interaction of statutory regulation and constitutional protections in Canadian public life.