POLS 3130 Lecture Notes - Lecture 25: Henry Morgentaler, Indictable Offence, Fetus

• School: University of Guelph
• Department: Political Science
• Course: POLS 3130
• Professor: Ajay Sharma

Document Summary

Parliament was unsuccessful in passing new abortion laws after morgentaler. In the meantime, some men were trying to get injunctions to prevent women from getting abortions. In tremblay v. daigle, trial judge in quebec issued an injunction based on quebec"s charter of. Human rights preventing daigle from getting an abortion. Emergency supreme court session to hear the case: during hearing, daigle"s lawyer told the court that his client had an abortion the court decides to hear the case anyway. Supreme court lifts the injunction and gave written reasons three months later. 7 because private dispute between two parties- no state action. Injunctions not available under common law either in provinces outside quebec. Legislation fails in a tie vote in the senate. After morgentaler (1988) and failure of bill c-43, some provinces prohibited abortion clinics in the province and refused to fund abortions outside of hospitals. Morgentaler challenged some provinces: nova scotia.