Morgantaler

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Morgantaler

  1. 1. R .v. Morgentaler
  2. 2. Pertinent Facts <ul><li>Henry Morgentaler said his fight to give women access to abortion has helped make society a safer place as he received a controversial honorary degree. </li></ul><ul><li>Morgentaler went through four jury trials and spent 10 months in jail for providing abortions. The Supreme Court of Canada struck down the country's law in 1988. </li></ul><ul><li>Universities of western Ontario made a decision to honor Morgentaler with an honorary degree, and this sparked controversy at the school. </li></ul><ul><li>About 500 demonstrators gathered outside the university to protest the school's decision. Some people withdrew their donations to the university </li></ul><ul><li>More than 12,000 people signed a petition that called on the school to change its mind and not give Morgentaler the honor. But 10,000 other people signed a petition in support of the university's decision. </li></ul>
  3. 3. Issues <ul><li>Three doctors, Dr. Henry Morgentaler, Dr. Leslie Frank Smoling and Dr. Robert Scott, set up an abortion clinic in Toronto for the purpose of performing abortions on women who had not received certification from the Therapeutic Abortion Committee, as required under section 251(4) of the Criminal Code. They claiming that a woman should have complete control over the decision on whether to have an abortion </li></ul>
  4. 4. Cont. <ul><li>The Supreme Court considered seven issues: </li></ul><ul><li>Whether s. 251 of the Criminal Code violates the rights and freedoms guaranteed by ss. 2(a), 7, 12, 15, 27 and 28 of the Charter. </li></ul><ul><li>If such a violation occurs, whether it is justifiable under s. 1 of the Charter. </li></ul><ul><li>Whether s. 251 of the Criminal Code is ultra vires the Parliament of Canada. </li></ul><ul><li>Whether s. 251 of the Criminal Code violates s. 96 of the Constitution Act, 1867. </li></ul><ul><li>Whether s. 251 of the Criminal Code unlawfully delegates federal criminal power to provincial Ministers of Health or Therapeutic Abortion Committees and, as such, whether the Federal Government has abdicated its authority in this area. </li></ul><ul><li>Whether ss. 605 and 610(3) of the Criminal Code violates the rights and freedoms guaranteed by ss. 7, 11(d), 11(f), 11(h), and 24(1) of the Charter. </li></ul><ul><li>If such a violation occurs, whether it is justifiable under s. 1 of the Charter. </li></ul>
  5. 5. The Decision <ul><li>It was the decision of the Supreme Court of Canada wherein the abortion condition in the &quot;Criminal Code&quot; was found to be not authorized by a constitution, as it violated a woman's rights under section 7 of the &quot;Canadian Charter of Rights and Freedom&quot; to &quot;security of person.&quot; Ever since this ruling, there are no laws regulating abortion in Canada. </li></ul>
  6. 6. Reasons Behind the Decision <ul><li>the Morgentaler case took place in 1988 </li></ul><ul><li>the criminal code prohibited abortion except as approved by the therapeutic abortion committee </li></ul><ul><li>Dr.Henry Morgentaler along with two other doctors (Dr.Leslie Frank Smoling and Dr. Robert Scott), set up an abortion clinic in Toronto for the purpose of performing abortions on women who had not received certification from the Therapeutic Abortion Committee </li></ul><ul><li>by doing this, they wanted to bring public attention to their cause </li></ul><ul><li>claimed that a woman should have control over the decision on whether to have an abortion. </li></ul>
  7. 7. Biography <ul><li>Born March 19, 1923, in Łódź, Poland. He is a Canadian gynaecologist and pioneering abortionist from Montreal. </li></ul><ul><li>Morgentaler is a Holocaust survivor. </li></ul><ul><li>In 1973 he claimed to have performed 5,000 illegal abortions. He was acquitted by a jury in the court case, but the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. He went to prison, appealed, and was again acquitted. by five judges on the Quebec Court of Appeal in 1974. </li></ul><ul><li>He was charged again in 1983 in Ontario for procuring illegal miscarriages. He was acquitted by a jury, but the verdict was reversed by the Ontario Court of Appeal. The case was then sent to the Supreme Court of Canada. He was acquitted once again, and the Canadian Supreme Court declared the law he was convicted under to be unconstitutional in the case of Morgentaler et al. v. Her Majesty The Queen 1988 (1 S.C.R. 30). This ruling essentially ended all statutory restrictions on abortion in Canada </li></ul><ul><li>In 1992, his Harbord Street private clinic in Toronto was bombed, although Dr. Morgentaler was not physically harmed. In 1993, he won another case before the Supreme Court, R. v. Morgentaler , this time challenging provincial abortion regulations. </li></ul>
  8. 8. Cont. <ul><li>Morgentaler is currently working to open two private abortion clinics in the Canadian Arctic, so that women who live there do not have to travel vast distances to obtain abortions. </li></ul><ul><li>Morgentaler was also the first president of the Humanist Association of Canada from 1968 to 1999 and remains the organization's honorary president. On a number of occasions, he appeared opposite Christian theologians or evangelists on campus to debate the existence of God. </li></ul><ul><li>In 1992, his Harbord Street private clinic in Toronto was bombed, although Dr. Morgentaler was not physically harmed. In 1993, he won another case before the Supreme Court, R. v. Morgentaler , this time challenging provincial abortion regulations. </li></ul><ul><li>Morgentaler has an estimated gross annual revenue of $11 million from his abortion clinics, according to research published in the Quebec/Franco-Ontarian paper Le Droit </li></ul><ul><li>on Saturday, October 26, 2002. </li></ul>

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