Abortion Laws In Canada
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Submitted by freefortermpapers on 06/24/2008 03:00 PM
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Abortion Laws In Canada
Under Section 7 of the Canadian Charter of Rights and Freedoms abortion was made legal in 1988, however it continues to be a much debated and controversial issue. Several attempts have been made to change the law and the Supreme Court has consistently ruled that the fetus is not a person and therefore is not capable of claiming any rights under the Charter. Because the issue of abortion has always seemed to be a moral one, it will most likely continue to be such an important issue to so many, regardless if the law is in favour of the woman or the fetus.
The issue became increasingly important in the late 1960's and in 1967 the Justice Minister of Canada at the time, Pierre Trudeau, presented a bill to alter Canada's abortion law to make it slightly more easy for a woman to get an abortion. It was still a crime, but a woman could apply for special permission from an abortion committee of three doctors at a hospital, who would make the decision as to whether her life or health was in danger or not. Trudeau succeeded in liberalizing Canada's abortion law, this bill also made homosexuality and contraception legal in Canada. It was not until 1988 that the law changed.
Until 1988 under Section 287 of the Criminal Code made it illegal to procure an abortion in a Canadian hospital or clinic. Section 287 stated that it was a criminal offense to "procure a miscarriage...by means of drugs, instruments or manipulation of any kind...is guilty of an indictable offense and liable for imprisonment for life." A Dr. Henry Mortengaler disputed this section of the Criminal Code and in 1988 the matter reached the Supreme Court. It was here that it was decided that Section 287 of the Criminal Code violated Section & of the Charter of Rights. Any behaviour in Canada can only be a criminal offense if a federal law prohibits it, therefore making Section 287 "of no force or effect".1 The Supreme Court can overturn a law when it is inconsistent with the Charter of...
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