Tuesday, May 27, 2014

There is No Constitutional Right to Abortion: Former PEI Chief Justice

As we were saying:

In a letter to the Charlottetown Guardian he refers to the Supreme Court of Canada decision in R. v. Morgentaler, saying that all seven judges acknowledged that the state has a legitimate interest in protecting the unborn, and that they did not establish a constitutional right to abortion.

"None of the seven judges held that there was a constitutional right to abortion on demand. All of the judges acknowledged the state has a legitimate interest in protecting the unborn. Even Madam Justice Wilson, who rendered the most liberal opinion in favour of a woman’s rights, advocated an approach to abortion that would balance those rights with the state’s interest in protecting the unborn," Justice Mitchell wrote.

Moreover, he points out that the Morgentaler decision did not strip Parliament of power to make laws restricting abortion, provided they meet constitutional standards set out by the Supreme Court judgment.

The ruling in fact encouraged Parliament to pass legislation to replace the rescinded sections of the Criminal Code.

"The solution to this question in this country must be left to Parliament," the decision reads. "It is for Parliament to pronounce on and to direct social policy," the Supreme Court justices said.

Confirming what Joyce Arthur said, in an interview to Brian Lilley on April 26th, 2012:

"There is no, per se, right to abortion."