POLS 3130 Lecture Notes - Lecture 10: Indictable Offence, Endangerment, Pierre Trudeau
11 Dec 2016
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The story of two unreasonable men: legal odysseys of morgentaler and borowski. Unwilling to compromise and persisted in trying to adapt the world to themselves: the judicial process in canada. Judicialization of politics: everyday politics relies on understanding of what judges have said and tailor public policy in a way that everyone will agree with, canadian charter of rights and freedoms. Round 1 pre-charter: morgentaler: mid 1970s, borowski: late 1970s/early 80s. Round 2 post charter: morgentaler: late 1980s (1988, borowski: late 1980s (1989) Round 3: after morgentaler (1988) and borowski (1989) Statute passed by federal government, not in charter: only applied to actions of the federal government, could not be used to strike down laws of provincial level. 1973 roe v wade (ussc: gives the states the right to privacy and the right to provide legalized access to abortion. 1975 scc gains docket control: decide much greater amount of cases which they want to hear.
