R. v. Morgentaler, 28 January 1988.
The appellants, physicians who had set up a clinic to perform abortions, were charged with conspiracy with intent to commit abortions contrary to Section 251(4) of the Canadian Criminal Code.  Section 251(4) prohibits abortions being performed upon women who have not obtained a certificate from a therapeutic abortion committee of an accredited or approved hospital.  On appeal of a lower court decision ordering a new trial for the appellants after a jury had acquitted them, the Supreme Court held (two justices dissenting) that conditioning the performance of an abortion upon certification by an abortion committee violated the right of security of the person contained in Section 7 of the Canadian Charter of Rights and Freedoms.  The five justices in the majority wrote three separate opinions which pointed out, variously, that Section 251 imposed unnecessary procedures and restrictions, restricted access to hospitals, caused delays, resulted in physical, psychological and emotional risk to the woman, and forced some women to carry a fetus to term against their will.
D000028:Abortion, Induced; D000554:Ambulatory Care Facilities; D000569:Americas; D002170:Canada; D003695:Delivery of Health Care; D019049:Developed Countries; D005193:Family Planning Services; D006262:Health; D006268:Health Facilities; D006297:Health Services Accessibility; D007603:Jurisprudence; D007878:Legislation as Topic; D009656:North America; D009934:Organization and Administration; D015397:Program Evaluation
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