Preview

Abortion

Good Essays
Open Document
Open Document
775 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Abortion
Abortion Rights R.v. Morgentaler, [1988] 1 S.C.R.30

Canada has a history with the controversial issue of abortion. The two sides to this topic have strong opinions about the right and wrong decisions when it comes to abortion. One might believe that abortion should not exist in Canadian society. These people are most likely known as pro-life; who believe abortion is equal to murder. Others believe that abortion is a good thing, and has had a strong impact on Canadian society. These people are pro-choice, they believe abortion is a way to help an individual's life for the better. The R.v. Morgentaler case was about two men, including Morgentaler who were licensed physicians, they set up a private clinic providing abortion services to women who did not have the necessary approval and they were criminally charged. The R.v. Morgentaler case made a significant impact on Canadian society; more broadly this case impacted the women of Canada by granting women greater equality rights, giving them a healthier along with a safe lifestyle, and it got rid of illegal acts made by doctors. The R.v. Morgentaler case illustrated that women in Canada have equal rights. They have the right to make decisions about their own life and what they can and cannot do. In order for one to run an abortion clinic, it must first be approved by therapeutic abortion committee, or by a hospital (Section 251 Criminal Code). The doctors did not consult with a hospital nor the therapeutic abortion committee. Dr. Morgentaler along with the other two doctors commenced their pleas. Everyone has the right to life, liberty, and security; this includes all women. ( Section 7 of Canadian Charter of Rights and Freedoms). This has given women more equality rights because women should be allowed to have access of medical treatment without the fear of any misconceptions. Also, women have the liberty in making their own decisions. Section 251 of the Criminal Code takes away those rights and violates

You May Also Find These Documents Helpful

  • Good Essays

    v. Morgentaler case, women had to receive approval from the therapeutic abortion committee of a hospital before getting an abortion. This led to undue pain and suffering for women denied the right to choose. Since the case’s decision, there have been no abortion laws passed in Canada. This ruling is significant because it gave women the legal right to access a safe abortions and affirmed a woman’s right to control what happens to her own body. The issue of choice of whether or not to continue a pregnancy is the right of women and this ruling empowers them to make their own decisions around their fertility without seeking permission and being denied access to abortions. Although it is unenforceable, this case is coming one step closer to legal abortion in Canada, and has sparked discussion worldwide on whether it should become…

    • 1283 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Upon my research using the Global Nonviolent Action Database, I came across an interesting case article called, “Vancouver Women’s Caucus fights for reproductive rights (Abortion Caravan), Canada, 1970.” Put simply, although abortions were officially legalized in 1969, the Canadian government immediately made a constitutional amendment to Section 251 of the Criminal Code, which resulted in a severe limitation of women’s access to abortions unless the woman’s health was at risk or if the male-dominated Therapeutic Abortion Committees gave approval. Seeing an increase in abortion-related deaths and injuries, the Vancouver Women’s Caucus and its supporters immediately began to organize demonstrations and formulate the “Abortion Caravan”—a protest campaign that started out at Vancouver and worked its way into Ottawa in order to protest at Parliament Hill. Ultimately, although abortion was not officially removed from the Criminal Code until 1988,…

    • 508 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The case of Dr Henry Morgentaler was unique and one which completely challenged the Canadian justice system, as well as Canadian ideas on liberty. In 1970, after two years of performing abortions on patients, Morgentaler’s practice was raided by the Montreal police force, due to pressure from the Royal Canadian Mounted Police (RCMP), (Cowen, 1984). In Canada, as of 1969, abortions were an extremely limited procedure, as they were only legal if approved by a hospital therapeutic abortion committee, they were not permitted to be performed within a hospital and were only performed if the pregnancy was a threat to the woman’s life, (Marshall & Mclaren, 2013). Morgentaler disagreed with the law in place as he felt that the decision should he that…

    • 797 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Since the induction of the Canadian Charter of Rights and Freedoms, Canadians have been all about their “freedoms”. Should women be allowed to get abortions without criminal persecution? The Charter is a liberal document, meaning it sets out fundamental notions about the rights of an individual. But what it comes down it is what rights does a person have, and how are they protected from the arm of the state. The charter was designed by Canadian MP’s, lawyers, and judges.…

    • 415 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The way abortion is treated in the Courts provides an example of the disregard for abortion procedures and how it affects the rights specified in Roe (Whitman 1985). This lack of appreciation for the impact Roe v. Wade had on American women has led to a woman’s right to choose to become compromised (Whitman 1985). The Supreme Court essentially gave women the right to an abortion, allegedly free from state coercion, without offering any evidence as to why it is important to women (Whitman 1980). The consequences of not being able to obtain an abortion are hard to envision without the understanding required to think rationally about the subject. The lack of understanding of the ethical obligations that women are forced to consider is perhaps…

    • 625 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    abortion

    • 278 Words
    • 2 Pages

    The analysis for Experiment 6: STOI 903 was conducted by Lindsey and I. The analysis was performed at Texas State University – San Marcos in the Chemistry lab. The concentrations used in the experiment were 0.5M of sodium hydroxide and 0.5M of sodium hypochlorite. The concentrations of the solutions found in the dumpster were calculated to be .806 M (both sodium hypochlorite and sodium thiosulfate as well). This was found by taking the 6.0% (by mass) sodium hypochlorite and multiplying it by 1 gram of solution, 1000 mL and 1 mol NaClO. This result was then divided by the result of 100g of solvent, multiplied by 1 mL of solution and 1L which equals 60g NaClO. 60g was then divided by the molar mass of NaClO (74.44) which equals .806 mol NaClO. The same can be done for sodium thiosulfate which results in the same molarity.…

    • 278 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    On January 22, 1973 the Supreme Court case Roe v. Wade had finally came to a conclusion. After many years battling the issues of abortion, the Supreme Court ultimately came to a decision on women’s rights. Norma McCorvey, also known as Jane Roe during the case, brought forth this argument in 1971 when she realized the unjust laws against pregnant women. This case was not the only attempt of Americans fighting for abortion rights, but it was the most significant and well known case. Today it is still portrayed as an issue for debate amongst many Americans and especially politicians. In this paper I will discuss the case and look at why it has become so significance. As well as the result of the concluding decision of Roe v Wade today.…

    • 627 Words
    • 3 Pages
    Good Essays
  • Better Essays

    “Abortion is not a crime in Canada but it is an area of the law” (Duhaime, 2010) that isn’t black and white. It has been completely legal since 1988 and our government should keep it that way. For as much as some people are anti-abortion or ‘pro-life’ they need to understand that women have abortions for a variety of reasons one being that an abortion can actually benefit the unborn child. Those who are anti-choice also claim that abortion is wrong because it violates the rights of the fetus, but what about the rights of the woman? It is a woman’s right to decide what she does with her body and though it is much debated; a fetus by logical argument is not a person and does not hold any rights. Finally, even if abortion was made illegal as it was many decades ago, desperate measure to abort unwanted children would be taken by many expecting women, with dire consequences. It is from these four statements that one can say that abortion should continue to be legal in Canada.…

    • 1785 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Roe V. Wade

    • 1178 Words
    • 3 Pages

    On January 22, 1973, a monumental ordeal for all of the United States had come about. Abortion was legalized. It was the Supreme Court case of Roe v. Wade that made us take a turn into this political issue. In this case Norma McCorvey who used the pseudonym ‘Jane Roe’, was an unmarried woman who wasn’t permitted to terminate her unborn child, for the Texas criminal abortion law made it impossible to perform an abortion unless it was putting the mother’s health in danger. Jane Roe was against doing it illegally so she fought to do it legally. In the court cases ruling they acknowledged that the lawful right to having privacy is extensive enough to cover a woman’s decision on whether or not she should be able to terminate her pregnancy . No matter how this case was viewed it was and even now it is unconstitutional. It is unconstitutional in view of the fact that in the constitution we protect life, a fetus is a developing human, so their life should be protected by the constitution…

    • 1178 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Morgentaler was continuously brought into court for the act of his illegal abortions and he was finally sent to jail for an 18 month term in 1975 after the Supreme Court rejected his appeal. After only serving 10 months in jail he was released and opened a new Toronto Clinic that was again raided by police which caused further charges to be laid upon him and his clinical staff members. Author Hargreaves states that “the defense motioned to challenge the constitutional validity of the Criminal Code” (Hargreaves). While the judge dismissed this line of defense and the Ontario-Attorney General appealed the acquittal decision, the jury acquitted all health professionals which showed that the law didn’t necessarily represent the values of the civilian population. This situation fueled further controversy and conversation about change of these laws. Additionally, in the earlier parts of the movement, the Royal Commission on the Status of Women were “convened” by the federal government (Ling). The commission gave a report on women’s affair after three years of public hearings. It bore the recommendation that abortion should be made legal within the first twelve weeks of pregnancy and after the twelve weeks, abortion would only be legal if the mother’s health was in danger or the child was predicted to be severely handicapped. Finally, in…

    • 1088 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Abortion

    • 302 Words
    • 2 Pages

    Based on your own experience, relevant websites, and the information found in your textbook, describe American students by answering the questions below. Does this description match your own educational experience? Why or why not?…

    • 302 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Fetal Rights

    • 2002 Words
    • 9 Pages

    Many dissenting views on judicial intervention in pregnancy and birth exist. In his article, Bell demonstrates his disagreement with the decision put forward by Shulman J. in the Winnipeg Child and Family Services case against G. (D. F.) to intervene and impose treatment on a pregnant, substance abusing woman. For Bell, judicial intervention usurps the rights and bodily integrity of a woman and upsets the balance existing between foetal and maternal rights. He believes judicial intervention poses complicated moral questions that should be answered solely by the Parliament.…

    • 2002 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    In 1859, the Texas legislature passed a law that prohibited abortions except those performed by a physician for purposes of saving the life of the woman (Mason & Stephenson 2012). The stipulation of this law stated legalizing abortion only when it involved saving the life of the woman. In 1970, a class action suit was filed by Roe and Weddington (Roe’s counsel) in a U.S. District Court in Texas. Roe was seeking restriction of enforcement of this Texas law on the grounds of unconstitutionality based on her right to privacy, not only for herself but also for all women and their bodies. She was looking for abortion services Texas law did not grant. The District Court decided that the state statute was invalid as it was unconstitutionally vague…

    • 3092 Words
    • 13 Pages
    Better Essays
  • Best Essays

    Womens Reproductive Rights

    • 2360 Words
    • 10 Pages

    The most challenging social issue in America today is not just abortion, but a woman’s right to contraceptives and reproductive health. Generally abortion is an issue that has always been questioned but is an ambiguous subject, even though abortions have been allowed by the Supreme Court for almost five decades. The debate is where to draw the line for contraceptive availability, abortion laws, and healthcare. The argument ranges from; free contraceptives, full healthcare, and whenever the mother decides; to no contraceptives, paid-for healthcare, and none at all. Neither of these arguments can be supported and bring into question human morality, individual freedom and personal responsibilities, as well as federal and state responsibility. The proper role of federal and state government is to ensure women’s basic rights to safe, affordable reproductive healthcare and choice regarding its use.…

    • 2360 Words
    • 10 Pages
    Best Essays
  • Powerful Essays

    Abortion

    • 37160 Words
    • 149 Pages

    Attempts to obtain an abortion are much more difficult for minors than for their adult counterparts due in part to laws and restrictions that regulate the consent and notification of a minor's parents. Thirty-four states require some form of parental involvement in a minor's decision to have an abortion. The laws are intended to foster parent-child relationships, protect the rights of parents, and deter young women from obtaining abortions or becoming pregnant in the first place, but research casts doubt on whether the laws have their intended effect, and Supreme Court rulings allow minors some privacy rights regarding obtaining an abortion.…

    • 37160 Words
    • 149 Pages
    Powerful Essays