1/ In a post-debate scrum last night, @ErinOTooleMP said that the Supreme Court Morgentaler decision granted the "right" to abortion in Canada. As a lawyer, he should know this is factually and legally incorrect. Here's why. #cpcldr
2/ The Morgentaler decision threw out Canada’s existing abortion laws (therapeutic abortion committee of a 3 doctor panel to decide if an abortion is valid or not) BECAUSE it was not evenly applied across all provinces, since not every hospital had a committee.
3/ The ONLY justice to declare a "right to abortion" was Justice Bertha Wilson, writing in a minority dissent, who also offered suggestions as to what sort of law politicians could pass to regulate abortion (which they have not done).
4/ “The Supreme Court’s decision, profound as it was, did not create a right to abortion for Canadian women, nor did it offer any resolution of the abortion issue.” - Pro-choice professor Shelley A.M. Gavigan of Osgoode Hall Law School #cpcldr
5/ @ErinOTooleMP (along with Justin Trudeau) may wrongly be drawing from the U.S. situation where Roe v. Wade did invent the right to abortion. The American context is vastly different from Canada's, and it's unacceptable they do not know the difference.
6/ Further, part of the Morgentaler decision states that the Charter itself JUSTIFIES legislation limiting abortion access. The Morgentaler decision did not, in any way, establish a "right" to abortion nor does it prevent legislators to develop and pass pro-life laws. #cpcldr
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