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R. V. Morgentaler Case Study

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Recommended: Roe v wade: legalization of abortion

The case, R. v. Morgentaler, was a case in which three doctors, including Dr. Morgentaler set up a clinic where they performed abortions for women who did not have the approval from a therapeutic abortion committee of an approved hospital. Abortions done without this approval were considered illegal. The Supreme Court of Canada concluded that the abortion provision in the Criminal Code was unconstitutional because it violated section 7 in the Canadian Charter of Rights and Freedoms.
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Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.

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In the case of Wolf v. Colorado (1949), Julius A. Wolf was arrested and charged with conspiracy to perform an abortion. The officers invaded Wolf’s clinic without a warrant and obtained evidence to use against him. Wolf insisted that the police had violated his rights by doing an illegal search of his clinic

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In 1969, the Prime Minister Pierre Trudeau and his Liberal government made the contraception legal in Canada. But, they only allowed abortion under the situation that the mother's life is in danger. That was some progress, but that was far too little for the Pro-Choice supporters like abortion activist Dr. Henry Morgentaler who announced he has performed over 5000 abortion surgeries for women from all over the country. After 20 years of legal battles, finally, in 1988, The Supreme Court of Canada abolished Canada's abortion law as unconstitutional. Because it is against the Section 7 of the Charter of Rights and Freedom：A woman's right to life, liberty and security of a person.

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