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''R v Morgentaler'' 〔''R v Morgentaler'', () 1 S.C.R. 30.〕 was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to security of person. Since this ruling, there have been no criminal laws regulating abortion in Canada. == Background == Prior to this ruling, section 251.9 of the Criminal Code,〔''Criminal Code'', RSC 1970, c C-34, s 251. Now (''Criminal Code'', RSC 1985, c C-46 s 287 ).〕 allowed for abortions to be performed at only accredited hospitals with the proper certification of approval from the hospital's Therapeutic Abortion Committee. Three doctors, Dr. Henry Morgentaler, Dr. Leslie Frank Smoling and Dr. Robert Scott, set up an abortion clinic in Toronto for the purpose of performing abortions on women who had not received certification from the Therapeutic Abortion Committee, as required under subsection 287(4) of the Criminal Code. In doing so they were attempting to bring public attention to their cause, claiming that a woman should have complete control over the decision on whether to have an abortion. Morgentaler had previously challenged the abortion law at the Supreme Court in the pre-Charter case of ''Morgentaler v. The Queen'', () 1 S.C.R. 616 in which the Court denied having the judicial authority to strike down the law. The Court of Appeal for Ontario found in favour of the government. On appeal, the main issue put before the Court was whether section 251 violated section 7 of the Charter. A secondary issue put to the Court was whether the creation of anti-abortion law was ''ultra vires'' ("outside the power") of the federal government's authority to create law. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Morgentaler」の詳細全文を読む スポンサード リンク
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