Hyperlawhypertext legal database Borowski v. Canada (Attorney General) [1989] 1 SCR 342

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Borowski v. Canada (Attorney General)

[1989] 1 SCR 342 Court SCC Decision date 1989-03-09 Docket 20411 English

PartiesJoseph Borowski Appellant·The Attorney General of Canada Respondent·Interfaith Coalition on the Rights Interveners·Wellbeing of Women and Children Interveners·R.E.A.L. Women of Canada and Women's Legal Education and Action Fund (LEAF) Interveners

Judges Dickson, Robert George Brian; McIntyre, William Rogers; Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John

Delivered by Judgment of the Court

On appeal from Saskatchewan

Subjects Appeal Civil procedure Constitutional law Criminal law

Contents

Judgment of the Court

The judgment of the Court was delivered by

Does a child en ventre sa mère have the right to life as guaranteed by Section 7 of the Canadian Charter of Rights and Freedoms ?
If the answer to question 1 is "yes", do subsections (4), (5) and (6) of Section 251 of the Criminal Code violate or deny the principles of fundamental justice, contrary to Section 7 of the Canadian Charter of Rights and Freedoms ?
Does a child en ventre sa mère have the right to the equal protection and equal benefit of the law without discrimination because of age or mental or physical disability that are guaranteed by Section 15 of the Canadian Charter of Rights and Freedoms ?
If the answer to question 3 is "yes", do subsections (4), (5) and (6) of Section 251 of the Criminal Code violate or deny the rights guaranteed by Section 15?
If the answer to question 2 is "yes" or if the answer to question 4 is "yes", are the provisions of subsections (4), (5) and (6) of Section 251 of the Criminal Code justified by Section 1 of the Canadian Charter of Rights and Freedoms , and therefore not inconsistent with the Constitution Act, 1982 ?

Statutes and regulations cited