R v. Morgentaler

Definition

R v. Morgentaler is a landmark Supreme Court of Canada decision from 1988 that decriminalized abortion in Canada, ruling that the existing abortion law violated the Canadian Charter of Rights and Freedoms. This case challenged the constitutionality of restrictive laws on abortion, marking a significant turning point in reproductive rights and health care access in the country.

5 Must Know Facts For Your Next Test

1. The Supreme Court unanimously decided that the 1969 abortion law was unconstitutional, stating it violated women's rights to security of the person under section 7 of the Charter.
2. Dr. Henry Morgentaler, the plaintiff, had been charged multiple times under the previous abortion law for providing abortions in his clinics without hospital approval.
3. The case emphasized the importance of personal choice and autonomy in matters of reproductive health.
4. R v. Morgentaler led to significant changes in how abortion services are accessed in Canada, contributing to a shift toward women's rights in health care.
5. This ruling set a precedent for future cases regarding reproductive rights and expanded judicial interpretation of personal liberties in Canada.

Review Questions

• How did the R v. Morgentaler decision impact women's rights and health care access in Canada?
  • The R v. Morgentaler decision significantly impacted women's rights by affirming their autonomy over reproductive choices, leading to the decriminalization of abortion in Canada. This ruling allowed women to access abortion services without restrictive legal barriers, thereby promoting equality in health care access. It also set a legal precedent that emphasized the importance of personal choice in health matters, influencing future legislation and court decisions regarding reproductive rights.
• In what ways does R v. Morgentaler exemplify the concept of judicial activism within the Canadian legal system?
  • R v. Morgentaler exemplifies judicial activism as the Supreme Court interpreted the Canadian Charter of Rights and Freedoms to expand individual rights beyond existing laws. The Court's ruling challenged traditional legal restrictions on abortion by prioritizing personal liberty and security over legislative authority. This case illustrated how judicial decisions can drive social change by redefining legal interpretations to better align with contemporary values regarding individual rights and freedoms.
• Evaluate the long-term implications of R v. Morgentaler on Canadian society's views on reproductive rights and government intervention.
  • The long-term implications of R v. Morgentaler have been profound, reshaping Canadian society's views on reproductive rights by fostering a greater acceptance of women's autonomy over their bodies. The decriminalization of abortion has encouraged ongoing discussions about health care access and gender equality, while also prompting debates about government intervention in personal health decisions. Additionally, this landmark case has served as a reference point for subsequent legal challenges and reforms concerning individual rights, reinforcing a culture that values personal freedom and choice.

Related terms

Canadian Charter of Rights and Freedoms: A part of Canada's Constitution that guarantees fundamental rights and freedoms to all Canadians, including freedom of expression and the right to life, liberty, and security.

Abortion Law Reform: The movement aimed at changing existing laws related to abortion, advocating for women's rights to make decisions about their own bodies.

Judicial Activism: A judicial philosophy where judges interpret laws more broadly to achieve social change or protect individual rights, often seen in cases like R v. Morgentaler.