R v Morgentaler

R v Morgentaler
Supreme Court of Canada
Hearing: October 7–10, 1986 Judgment: January 28, 1988
Full case name	Dr Henry Morgentaler, Dr Leslie Frank Smoling and Dr Robert Scott v Her Majesty The Queen
Citations	[1988] 1 SCR 30, 63 OR (2d) 281, 37 CCC (3d) 449, 31 CRR 1, 62 CR (3d) 1, 26 OAC 1
Docket No.	19556 [1]
Prior history	Judgment for the Crown in the Court of Appeal for Ontario
Ruling	Appeal allowed, acquittal restored
Holding
Section 251 of the Criminal Code violates a woman's right to security of person under section 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter.
Court membership
Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest
Reasons given
Plurality	(1) Dickson, Lamer concurring (45–80) (2) Beetz (80–132), Estey concurring (3) Wilson (161–184)
Dissent	McIntyre (132–161), La Forest concurring
Chouinard and Le Dain took no part in the consideration or decision of the case.

R v Morgentaler, [1988] 1 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional because it violated women's rights under section 7 of the Canadian Charter of Rights and Freedoms ("Charter") to security of the person. Since this ruling, there have been no criminal laws regulating abortion in Canada.^[2]