R V Morgentaler Case Study

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Humans developed many different upgrades to technology purposed towards making life comfortable. While a majority of the time research and science is considered to be purposed for helping humans there will also often be a medical research project which might go against our religious values. A good example can be considered as abortion, which is a medical procedure purposed towards helping girls and women. In Canada, we as Canadians take great pride in our culture, kindness, and hospitality. Although ironically taking a look back in history when Canada was in the developing stages, it was made illegal for a woman to get an abortion outside of a hospital under S. 251 of the criminal code. A court case began when a doctor named Henry Morgentaler …show more content…
Morgentaler on January 28, 1988. According to an article by a website know to me as Morgentaler 25 years (Reid, 2016) “Morgentaler’s long campaign to overturn Section 251 of the Canadian Criminal Code was finally successful in 1988, when the Supreme Court overturned the law in its R v. Morgentaler decision, in a 5-2 ruling” (para 1). The trial judge found that a woman’s S.7 of the Charter which gives individuals the ‘right of life, liberty, and security of person’ was infringed upon by the S. 251 of the Criminal Code. After the ruling, the Supreme Court of Canada was able to identify that providing an abortion only inside of a hospital created an accessibility issue for women who reside in a town without an abortionist or a …show more content…
In the past, S.251 of the Criminal Code was used to limit and discourage women from seeking an abortion. In the earlier stages of Canada, abortion laws were very complex, according to an article by Law for Alberta Women (2015) “Before 1988 abortions were illegal in Canada. Abortions were only allowed if they were performed by a doctor, in a specific hospital and after the therapeutic abortion committee allowed the abortion to happen” (para 2). Of course, Dr. Henry Mongentaler had his own beliefs on how and where a woman should be allowed to get an abortion, thus starting the 20-year court battle. Morgentaler beliefs on abortion came at a cost as he was arrested numerous times for committing crimes under S. 251 of the criminal

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