The Supreme Court of Canada’s 1988 Morgentaler Decision
Contrary to what many Canadians think, the Supreme Court of Canada, in its landmark 1988 Morgentaler decision striking down Canada’s abortion law, did not recognize a constitutional right to abortion. Nor did the Court “settle” the abortion issue as is often claimed. Rather, the Court left it to Parliament to come up with a new abortion law that would balance the rights of women with the state’s interest in the protection of the fetus, without offending the Charter. Although 26 years have passed … More...