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R. v. Morgentaler

[1988] 1 SCR 30 Court SCC Decision date 1988-01-28 Docket 19556 English

PartiesDr. Henry Morgentaler, Dr. Leslie Frank Smoling and Dr. Robert Scott Appellants v. Her Majesty The Queen Respondent and The Attorney General of Canada Intervener

Judges Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.

Delivered by Majority

On appeal from Ontario

Subjects Constitutional law Criminal law

Contents

The judgment of Dickson C.J. and Lamer J. was delivered by

Does section 251 of the Criminal Code of Canada infringe or deny the rights and freedoms guaranteed by ss. 2(a) , 7 , 12 , 15 , 27 and 28 of the Canadian Charter of Rights and Freedoms ?
If section 251 of the Criminal Code of Canada infringes or denies the rights and freedoms guaranteed by ss. 2(a) , 7 , 12 , 15 , 27 and 28 of the Canadian Charter of Rights and Freedoms , is s. 251 justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?
Is section 251 of the Criminal Code of Canada ultra vires the Parliament of Canada?
Does section 251 of the Criminal Code of Canada unlawfully delegate federal criminal power to provincial Ministers of Health or Therapeutic Abortion Committees, and in doing so, has the Federal Government abdicated its authority in this area?
Do sections 605 and 610(3) of the Criminal Code of Canada infringe or deny the rights and freedoms guaranteed by ss. 7 , 11(d) , 11(f) , 11(h) and 24(1) of the Canadian Charter of Rights and Freedoms ?
If sections 605 and 610(3) of the Criminal Code of Canada infringe or deny the rights and freedoms guaranteed by ss. 7, 11(d) 11(f), 11(h) and 24(1) of the Canadian Charter of Rights and Freedoms , are ss. 605 and 610(3) justified by s. 1 of the Canadian Charter of Rights and Freedoms and therefore not inconsistent with the Constitution Act, 1982 ?

Statutes and regulations cited