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Home · Politics · The Constitution · Dr. Henry Morgentaler: Fighting Canada's Abortion Laws

Topic spans: 1969 - 1989

Dr. Henry Morgentaler: Fighting Canada's Abortion Laws

In 1969 Dr. Henry Morgentaler emerged as one of Canada's most controversial figures when he broke the law and opened the country's first abortion clinic. Over the next two decades, the Montreal doctor would be heralded as a hero by some and called a murderer by others as he fought to change Canada's abortion laws.

Topic photo by Ian Barrett/Canadian Press

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16 television clips
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2 radio clips

Abortion law ruled unconstitutional

Broadcast Date: Jan. 28, 1988

On Jan. 28, 1988, Henry Morgentaler wins his long fight. The Supreme Court of Canada strikes down Canada's abortion law as unconstitutional. The law is found to violate the Charter of Rights and Freedoms because it infringes upon a woman's right to "life, liberty and security of person."

Abortion law ruled unconstitutional

• In March 1989 the Supreme Court of Canada refused to decide on a claim by Joe Borowski that fetuses have a constitutionally guaranteed right to life. Since the abortion law had already been struck down in 1988, his case was found to be moot.
• In 1990 the government tried to bring back some form of criminal control over abortion but Bill C-43 was defeated narrowly in the Senate.

Abortion law ruled unconstitutional

Medium: Television

Program: The National

Broadcast Date: Jan. 28, 1988

Guest(s): Kathleen Lahey, Laura MacArthur, Henry Morgentaler


Host: Knowlton Nash
Reporter: Ian Hanomansing

Duration: 2:58

Last updated:
June 26, 2002


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