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1988 Supreme Court of Canada decision legalizing abortion
R v Morgentaler, [1988] 1 SCR 30 is a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional
R_v_Morgentaler
Canadian physician and abortion rights advocate (1923–2013)
Henekh "Henry" Morgentaler CM (March 19, 1923 – May 29, 2013) was a Polish-born Canadian physician and abortion rights advocate who fought numerous legal
Henry_Morgentaler
Supreme Court of Canada case
R v Morgentaler is a decision by the Supreme Court of Canada invalidating an attempt by Nova Scotia to restrict access to abortions in that province.
R_v_Morgentaler_(1993)
Supreme Court of Canada case
Morgentaler v The Queen is a decision of the Supreme Court of Canada where physician Henry Morgentaler unsuccessfully challenged the prohibition of abortion
Morgentaler_v_The_Queen
woman's life or health. In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing law was unconstitutional, and struck down the 1969
Abortion_in_Canada
Surname list
decision R. v. Morgentaler (1988), Supreme Court of Canada decision R. v. Morgentaler (1993), Supreme Court of Canada decision Goldie Morgentaler (born 1950)
Morgentaler
1973 US Supreme Court decision on abortion, overruled 2022
page 269 (page 16 of the pdf) R. v. Morgentaler, 1 S.C.R. 30 (1988), V/lex Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976). Quast
Roe_v._Wade
Canadian gynaecologist
invited him to speak at their Symposium to mark the 20th Anniversary of R. v Morgentaler. He worked to convince medical students of the need to continue providing
Garson_Romalis
Supreme Court of Canada criminal law case
through Fauteux Court) Morgentaler v The Queen R v Morgentaler R v Morgentaler (1993) Tremblay v Daigle Page 503. Page 497. Spencer v. Alaska Packers Association
Azoulay_v_The_Queen
Supreme Court of Canada case
of the Quebec Charter. She adopts a broad interpretation, citing R. v. Morgentaler among others as examples of delay in medical treatment as a violation
Chaoulli_v_Quebec_(AG)
1990 Supreme Court of Canada case on hate speech
R v Keegstra, [1990] 3 SCR 697 is a freedom of expression decision of the Supreme Court of Canada where the court upheld the Criminal Code provision prohibiting
R_v_Keegstra
Supreme Court of Canada constitutional case
under section 7 of the Canadian Charter of Rights and Freedoms in R v Morgentaler (1988). That case, however, while finding the committees were unfair
Tremblay_v_Daigle
Type of jury verdict in criminal trials
of Canada. R. v. Morgentaler 1988-01-28[link removed] scc.lexum.org Accessed April 06, 2014. Judgments of the Supreme Court of Canada. R. v. Krieger 2006-10-26
Jury_nullification
1992 Supreme Court of Canada case
limit be "prescribed by law." The Court, citing the Beetz opinion in R. v. Morgentaler (1988), said that a law that can be interpreted differently is not
R_v_Butler
Commonly applied method of evaluation used to resolve matters of jurisprudence
test Patent unreasonableness test Pith and substance test (see also R v Morgentaler) Provincial Inability test Purpose and form test Real and Substantial
Test_(law)
October 2022. Retrieved 25 May 2019. R. v. Morgentaler, 1993 CanLII 74, [1993] 3 SCR 463 (30 September 1993) Madsen v. Women's Health Center, Inc., 512 U
Timeline of reproductive rights legislation
Timeline_of_reproductive_rights_legislation
Human right
(Blencoe v. B.C. (Human Rights Commission), 2000) This right has generated significant case law, as abortion in Canada was legalized in R. v. Morgentaler (1988)
Security_of_person
Province of Canada
performed in the province. In 1988, following the court decision R. v. Morgentaler, the then-opposition Progressive Conservative Party of Prince Edward
Prince_Edward_Island
woman's life or health. In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing law was unconstitutional, and struck down the 1969
Human_rights_in_Canada
Canadian legal principle
substance deal with a matter outside that jurisdiction?). For example, in R. v. Morgentaler (1993), the province of Nova Scotia passed a law that prohibited certain
Pith_and_substance
Process to determine who should get an abortion
unconstitutional by the Supreme Court of Canada in its decision in R v Morgentaler in 1988. Prior to 1968, abortion was a criminal offence in Canada.
Therapeutic abortion committee
Therapeutic_abortion_committee
1973 United States Supreme Court case related to abortion rights
Sandra Cano died on September 30, 2014. Canadian Supreme Court case of R. v. Morgentaler finding Canada's abortion law unconstitutional German Federal Constitutional
Doe_v._Bolton
1982 Canadian constitutional legislation
many important decisions, including R v Morgentaler (1988), which struck down Canada's abortion law, and Vriend v Alberta (1998), in which the Supreme
Canadian Charter of Rights and Freedoms
Canadian_Charter_of_Rights_and_Freedoms
Canadian judge
QC, the prominent Toronto lawyer who represented Dr. Henry Morgentaler in R v Morgentaler, the landmark Supreme Court case that decriminalized abortion
Paul_Schabas
Month in 1976
effectively unenforceable. Morgentaler later brought a suit which would result in a 1988 Supreme Court of Canada decision, R v Morgentaler, finding the law unconstitutional
December_1976
Supreme Court of Canada case
permissive in allowing for abortions. However, the earlier decision of R. v. Morgentaler had already struck down the provision (as being too restrictive on
Borowski_v_Canada_(AG)
Public university in Saskatoon, Canada
Court of Canada; authored the dissent in the landmark abortion case R. v. Morgentaler (1988) Scott Moe, 15th (and current) premier of Saskatchewan Permanand
University_of_Saskatchewan
Chief Justice of Canada from 1984 to 1990
of freedom of religion set out in section 2 of the Charter, and in R v Morgentaler, he found that the restrictions on abortions set out in the Criminal
Brian_Dickson
Laws that allow, prohibit, or regulate abortion
judges and juries were often reluctant to convict. For example, Henry Morgentaler, a Canadian pro-choice advocate, was never convicted by a jury. He was
Abortion_law
Constitutional provision concerning right to life, liberty and security of the person
generated significant case law, as abortion in Canada was legalized in R v Morgentaler (1988) after the Supreme Court found the Therapeutic Abortion Committees
Section 7 of the Canadian Charter of Rights and Freedoms
Section_7_of_the_Canadian_Charter_of_Rights_and_Freedoms
Premier of British Columbia from 1986 to 1991
resources. In 1988, after the Supreme Court of Canada decision of R v Morgentaler, the provinces were now expected to cover abortion. Vander Zalm chose
Bill_Vander_Zalm
"Reasonable limits clause" of the Canadian constitution
example of the rational connection test being failed can be found in R v Morgentaler (1988), in which Dickson held that a particular Criminal Code abortion
Section 1 of the Canadian Charter of Rights and Freedoms
Section_1_of_the_Canadian_Charter_of_Rights_and_Freedoms
Freedoms, Morgentaler was again convicted under the abortion provision. This time, when the case reached the Supreme Court, he was successful, in R v Morgentaler
Feminism_in_Canada
Constitutional provision concerning fundamental freedoms
law, although Justice Bertha Wilson did rely on it in her opinion in R v Morgentaler. Finding laws against abortion to be a breach of the rights to liberty
Section 2 of the Canadian Charter of Rights and Freedoms
Section_2_of_the_Canadian_Charter_of_Rights_and_Freedoms
PMID 12293730. "Franklin v. Gwinnett County Public Schools". Oyez. Retrieved 2019-12-02. "A History of Women's Boxing". R. v. Morgentaler, 1993 CanLII 74, [1993]
Timeline of women's legal rights (other than voting) in the 20th century
Timeline_of_women's_legal_rights_(other_than_voting)_in_the_20th_century
Day of the year
disintegrates after liftoff, killing all seven astronauts on board. 1988 – In R v Morgentaler the Supreme Court of Canada strikes down all anti-abortion laws. 2002
January_28
2015–2019 legislative term
(abortion in R v Morgentaler, vagrancy in R v Heywood, spreading false news in R v Zundel, anal intercourse in R v CM, and those offenses in R v Martineau)
42nd_Canadian_Parliament
jeopardy R v Vaillancourt [1987] 2 SCR 636 December 3, 1987 Mens rea; section 7 R v Morgentaler [1988] 1 SCR 30 January 28, 1988 Abortion R v Crown Zellerbach
List of Supreme Court of Canada cases (Dickson Court)
List_of_Supreme_Court_of_Canada_cases_(Dickson_Court)
Retrieved 28 September 2025. "R. v. Cooper". SCC Cases. 26 September 2025. Retrieved 28 September 2025. "Hongkong Bank of Canada v. Wheeler Holdings Ltd". SCC
1993 reasons of the Supreme Court of Canada
1993_reasons_of_the_Supreme_Court_of_Canada
Act of Parliament of Canada modifying the Criminal Code
Abortion legislation in Canada was further liberalized in 1988 with the R. v. Morgentaler ruling, which left Canada without any laws regulating abortion through
Criminal Law Amendment Act, 1968–69
Criminal_Law_Amendment_Act,_1968–69
Supreme Court of Canada case
of Canada This distinction was later relied upon in R v Morgentaler, [1988] 1 SCR 30 and Chaoulli v Quebec (AG), 2005 SCC 35. Reference Re Motor Vehicle
Reference Re BC Motor Vehicle Act
Reference_Re_BC_Motor_Vehicle_Act
Products Inc v British Columbia (Workers' Compensation Board), [1993] 1 SCR 897 (Majority) R v Morgentaler [1993] 3 SCR 463 (Majority) Rodriguez v British
Reasons of the Supreme Court of Canada by Justice Sopinka
Reasons_of_the_Supreme_Court_of_Canada_by_Justice_Sopinka
Introductory provision for the constitutional Charter
of conscience, which Hogg felt would include a right to atheism. In R v Morgentaler (1988), Justice Bertha Wilson defined freedom of conscience as protecting
Preamble to the Canadian Charter of Rights and Freedoms
Preamble_to_the_Canadian_Charter_of_Rights_and_Freedoms
infringed EC law. R v R [1991]: the House of Lords invalidated the defence of marital rape to reflect a changing view in society. R v Brown [1993] UKHL
Lists of landmark court decisions
Lists_of_landmark_court_decisions
1995 South African legal case
R v France (1993) 16 EHRR 1. R v Keegstra (1990) 3 CRR (2d) 193 (SCC) ((1990) 3 SCR 697; 61 CCC (3d) 30). R v Morgentaler (1988) 44 DLR (4th) 385. R v
Coetzee_and_Matiso
Debate on circumstances permitting abortion of fetus
Constitution does not prohibit a state from regulating abortion travel. With R v. Morgentaler, a 5–2 majority of the Supreme Court of Canada held that the abortion
Abortion_debate
First woman judge on Supreme Court of Canada
noteworthy Supreme Court rulings include R v Morgentaler in 1988 (concurring reasons striking down abortion law), R v Lavallée in 1990 (battered-wife syndrome
Bertha_Wilson
rights as well. This case was later followed up with the decision of R v Morgentaler, which proved significant both because it struck down the criminalization
History of the Supreme Court of Canada
History_of_the_Supreme_Court_of_Canada
intervened in Supreme Court of Canada cases including R. v. Morgentaler (1993) and M. v. H. (1999). In R. v. Sullivan (1991) it argued that a fetus is a person
REAL_Women_of_Canada
1986 R. v. Edwards Books and Art Ltd., 1986 R. v. Morgentaler, 1988 General Motors of Canada Ltd. v. City National Leasing, 1989 Brooks v. Canada Safeway
List of Supreme Court of Canada cases (by author)
List_of_Supreme_Court_of_Canada_cases_(by_author)
Forest L'Heureux-Dubé R. v. Simpson, [1988] 1 SCR 3 May 28, 1986 Jan 28, 1988 C–U C–U NS U NS C–U C–U NS NJ R. v. Morgentaler, [1988] 1 SCR 30 Oct 7
1988 judgments of the Supreme Court of Canada
1988_judgments_of_the_Supreme_Court_of_Canada
Socially conservative Christian political ideology
an act of Parliament, was completely decriminalized after the two R. v. Morgentaler cases (in 1988 and in 1993). Parliament attempted to pass a new law
Christian_right
declaratory power R v Morgentaler [1993] 3 SCR 463 September 30, 1993 The constitutionality of provincial regulations of abortion. Rodriguez v British Columbia
List of Supreme Court of Canada cases (Lamer Court)
List_of_Supreme_Court_of_Canada_cases_(Lamer_Court)
Feathers Lunice The Luyas Mahogany Rush Majical Cloudz Malajube Me Mom and Morgentaler Men I Trust Men Without Hats Milk & Bone Miracle Fortress Misteur Valaire
List_of_Montreal_music_groups
Moralıoğlu – fashion designer Henry Morgan – department store founder Henry Morgentaler – physician, advocate for women's rights to abortion Marjolène Morin
List_of_people_from_Montreal
Mendelson Mainline (1968–1975) McMaster & James (1999–2003) Me Mom and Morgentaler (1990–1996) Mean Red Spiders (1993–) Means (2000–2008) Mecca Normal (1984–)
List_of_bands_from_Canada
Provision of the Constitution of Canada
relating to abortion. In 1988, the Supreme Court of Canada had held in R v Morgentaler that the abortion provisions of the Criminal Code were unconstitutional
Section 36 of the Constitution Act, 1867
Section_36_of_the_Constitution_Act,_1867
[1987] 2 S.C.R. 541 (Majority) R. v. Morgentaler, [1988] (Concurrence) R. v. Stevens, [1988] 1 S.C.R. 1153 (Dissent) R. v. Strachan, [1988] 2 S.C.R. 980 Sobeys
Reasons of the Supreme Court of Canada by Justice Wilson
Reasons_of_the_Supreme_Court_of_Canada_by_Justice_Wilson
Gynaecological procedure
lives. In Canada, the method was pioneered and improved on by Henry Morgentaler, achieving a complication rate of 0.48% and no deaths in over 5,000 cases
Vacuum_aspiration
who signed the Humanist Manifesto. R. Lester Mondale: Signer of the original Humanist Manifesto. Henry Morgentaler: Canadian physician and prominent pro-choice
List_of_secular_humanists
Diminished activity of the gonads
S3–S8. PMC 1472884. PMID 16985909. Crawford ED, Barqawi AB, O'Donnell C, Morgentaler A (September 2007). "The association of time of day and serum testosterone
Hypogonadism
Primary male sex hormone
847–55. doi:10.1016/j.biopsych.2007.03.001. PMC 2711771. PMID 17544382. Morgentaler A, Schulman C (2009). "Testosterone and prostate safety". Advances in
Testosterone
case of Perka v. The Queen that the Supreme Court acknowledged the defence of necessity in Canada. In Morgentaler v The Queen [1976] 1 S.C.R. 616 the SCC
Necessity_in_Canadian_law
University Press. Rosenfarb, C. (2013). Exile at Last: Selected Poems (G. Morgentaler, Ed.). Toronto: Guernica. Schaechter-Gottesman, B. (1995). Lider (T.
List of Yiddish-language poets
List_of_Yiddish-language_poets
Legal defence preventing someone from being tried again on the same charges
second-degree murder in the second trial. Another well-known example is Henry Morgentaler, whose repeated acquittals by juries were overturned on appeal in multiple
Double_jeopardy
Antiandrogen and hormone replacement medication
pp. 280–. ISBN 978-3-319-25430-2. Traish AM, Krakowsky Y, Doros G, Morgentaler A (January 2019). "Do 5α-Reductase Inhibitors Raise Circulating Serum
Dutasteride
American physician, activist, and writer (1926–2011)
beginnings of the abortion movement". In 1983, Nathanson debated Henry Morgentaler for an hour on a Canadian national superstation. In 1984, Nathanson directed
Bernard_Nathanson
Male inability or persistent difficulty in achieving orgasm
412–420. doi:10.1093/sxmrev/qead009. PMID 37085961. Retrieved 2024-01-06. Morgentaler A, Polzer P, Althof S, Bolyakov A, Donatucci C, Ni X, Patel AB, Basaria
Delayed_ejaculation
Canadian politician (born 1949)
Revolution and the Court Party co-authored with Rainer Knopff in 2000, Morgentaler v. Borowski: Abortion, the Charter and the Courts (1992, winner of the
Ted_Morton
Pharmaceutical compound
Care of Cancer Patients. PMPH-USA. pp. 247–. ISBN 978-1-60795-008-0. Morgentaler A, Traish AM (February 2009). "Shifting the paradigm of testosterone
Pharmacokinetics of testosterone
Pharmacokinetics_of_testosterone
Drug class affecting sex hormones
Rev Urol. 3 (Suppl 3): S10–4. PMC 1476081. PMID 16986003. Krakowsky Y, Morgentaler A (July 2017). "Risk of Testosterone Flare in the Era of the Saturation
Gonadotropin-releasing hormone agonist
Gonadotropin-releasing_hormone_agonist
(1882–1959) – pioneering forensic pathologist and criminologist Henry Morgentaler CM LLD (hc) (1923–2013) – abortion care provider who helped legalize
Lists_of_Canadians
Non-for-profit organization
were its first patrons. Humanist Canada's first president was Henry Morgentaler, an activist for women's right to reproductive choice, in 1968. Humanist
Humanist_Canada
shelved. Another prominent figure in the reform of abortion laws was Dr. Morgentaler. Although born in Poland he made a name for himself in Canada, opening
History_of_abortion
Lewis David Usher Dov Charney Efrim Menuck Fred Rose Gerald Cohen Henry Morgentaler Herbert Marx Hershey Friedman Irving Layton Irwin Cotler Jewish Painters
History of the Jews in Montreal
History_of_the_Jews_in_Montreal
17–23. doi:10.1016/j.juro.2010.08.094. PMID 21074215. Kacker R, Traish AM, Morgentaler A (June 2012). "Estrogens in men: clinical implications for sexual
Effects of hormones on sexual motivation
Effects_of_hormones_on_sexual_motivation
Type of gender-affirming medical treatment
Elsevier Health Sciences. pp. 272–. ISBN 978-1-4557-2758-2. Krakowsky Y, Morgentaler A (January 2019). "Risk of Testosterone Flare in the Era of the Saturation
Feminizing_hormone_therapy
Prime Minister of Canada (1968–1979; 1980–1984)
Higgins, M. 2004, pp. 26–30. Sumner, Wayne (January 12, 2011). "The Morgentaler Effect". The Walrus. He eventually joined the Humanist Fellowship of
Pierre_Trudeau
American musician, working with Alessia Cara March 26 – Ari Lennox, American R&B singer March 27 – London on da Track, American record producer, rapper and
1991_in_music
US secularist advocacy organization
Thomas Szasz – 1973 Joseph Fletcher – 1974 Mary Calderone – 1974 Henry Morgentaler – 1975 Betty Friedan – 1975 Jonas E. Salk – 1976 Corliss Lamont – 1977
American_Humanist_Association
Canadian politician (born 1979)
2008, he was disappointed when the Order of Canada was given to Henry Morgentaler, and annoyed that his award came on Canada Day. In 2018, Scheer accused
Andrew_Scheer
Let There Be Light Krzysztof Penderecki – Polish Requiem (revised version) R. Murray Schafer – Concerto for Accordion and Orchestra Harold Schiffmann –
1993_in_music
Ltd v R (1975), [1976] 1 SCR 477 constitutional extraterritoriality Morgentaler v The Queen [1976] 1 SCR 616 March 26, 1975 abortion Harrison v Carswell
List of Supreme Court of Canada cases (Laskin Court)
List_of_Supreme_Court_of_Canada_cases_(Laskin_Court)
(1944– ), physician Harry Medovy OC (1904–1995), paediatrician Henry Morgentaler CM (1923–2013), doctor and abortion activist Richard Goldbloom CM (1924–2021)
List_of_Canadian_Jews
Medical authority over sexual experiences
even in the realm of relationships between men and women. — Abraham Morgentaler, The Viagra Myth Academic consensus is that the main pharmaceutical product
Medicalisation_of_sexuality
Medication and naturally occurring steroid hormone
1016/0140-6736(90)92416-F. PMID 1977002. S2CID 25825354. Rhoden EL, Morgentaler A (February 2004). "Treatment of testosterone-induced gynecomastia with
Testosterone_(medication)
Canadian politician
agreement that kept abortion rights campaigner and practitioner Henry Morgentaler out of jail. He was also Justice minister in 1976 when Canada abolished
Ron_Basford
Canadian cinematographer
(La vie fantôme), in 1999 for Alegría, in 2004 for Bittersweet Memories (Ma vie en cinémascope) and in 2005 for C.R.A.Z.Y.. Pierre Mignot at IMDb v t e
Pierre_Mignot
infection. Mulgrew Miller, 57, American jazz pianist, stroke. Henry Morgentaler, 90, Polish-born Canadian physician, abortion advocate, Holocaust survivor
Deaths_in_May_2013
Canadian politician (1924–2018)
required to uphold a decision by the Manitoba courts which prevented Henry Morgentaler from opening a private clinic in the province. Penner was also an early
Roland_Penner
Canadian government recognitions
Michael R. Marrus, C.M. Ian W. McDougall, C.M. Axel Meisen, C.M. Henry Morgentaler, C.M. Philip Walter Owen, C.M. André Poilièvre, C.M. The Honourable Brenda
2008_Canadian_honours
election-night shooting," CBC News, 23 August 2016, URL accessed 24 August 2016. "R. c. Bain, 2016 QCCS 5785". CanLII. 18 November 2016. Kutty, Faisal (25 April
Terrorism_in_Canada
libertarian anti-war activist and self-professed anarcho-capitalist Henry Morgentaler – Canadian physician and prominent pro-choice advocate who has fought
List of Jewish atheists and agnostics
List_of_Jewish_atheists_and_agnostics
Canadian judge (1917–2008)
controversy that year when objections were raised to him hearing the case Morgentaler v The Queen given his prior personal statements about the issue at a 1973
Louis-Philippe_de_Grandpré
Class of pharmaceutical drugs
94 (9): 3132–54. doi:10.1210/jc.2009-0345. PMID 19509099. Gooren L, Morgentaler A (2014). "Prostate cancer incidence in orchidectomised male-to-female
Antiandrogen
City in central Poland
author and survivor Zew Wawa Morejno (1916–2011), Chief Rabbi Henry Morgentaler (1923–2013), physician Konstantin Petrovich Nechaev (1883–1946), White
Łódź
are not reopening the abortion debate". The appointment of Dr. Henry Morgentaler, an abortion-rights activist, to the prestigious Order of Canada, was
Conservatism_in_Canada
Former Chief Judge of the Ontario Court of Justice
of Toronto. For Maclean's see for example March 22, 1976, "Because of Morgentaler, one law will change - and maybe two", p. 55. The Law Society of Upper
Sidney_B._Linden
Canadian physician
(1882–1959) – pioneering forensic pathologist and criminologist Henry Morgentaler CM LLD (hc) (1923–2013) – abortion care provider who helped legalize
Physicians_in_Canada
Major League Baseball scout (Toronto Blue Jays)(born 1942). May 29 Henry Morgentaler, 90, Polish-born physician, abortion advocate, Holocaust survivor, heart
2013_in_Canada
travel, tourism, insurance
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