The state has a legitimate interest in protecting the unborn

January 27, 2018

“The state has a legitimate interest in protecting the unborn” Statement on the 30th anniversary of the Morgentaler Decision

Exactly thirty years ago, the Supreme Court of Canada ruled that existing abortion provisions in our nation’s Criminal Code violated a woman’s Charter rights to the security of person, and were thus unconstitutional.

Since that ruling, there has been no criminal law regulating abortion in Canada.

Justice Gerard Mitchell

Yet, Mr. Justice Gerard Mitchell, retired Chief Justice of Prince Edward Island, has noted that at the time of the 1988 Morgentaler decision, “none of the seven judges held that there was a constitutional right to abortion on demand”.

In fact, “all of the judges acknowledged [that] the state has a legitimate interest in protecting the unborn”.

Despite the heroic efforts of countless Canadian citizens and organizations to secure in law that full protection for the unborn, a succession of federal governments has failed to take any decisive action. Canada today is one of the only countries in the world in which abortion continues to be permitted at every stage of pre-natal development and for any motive.

To read the full statement click here:   30th Anniversary Morgentaler Decision English

30th Anniversary Morgentaler Decision French