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Chronology of Court Cases:, Dr. Morgentaler and Others

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Chronology of Court Cases:, Dr. Morgentaler and Others Chronology of Court Cases:, Dr. Morgentaler and Others Background: 1869 Parliament enacts a criminal law which prohibits abortion and punishes it 1973 with a penalty of life imprisonment. In November the newly elected Parti Quebecois government in Quebec 1892 announces that outstanding charges against Dr. Morgentaler will not Parliament enacts the first Criminal Code, which criminalized not only proceed. The province's Attorney General declares that doctors abortion but the sale, distribution & advertisement of contraception. providing abortions in Quebec will not be prosecuted. 1936 1977 In January the Badgley Committee tables its report, which Social worker Dorothea Palmer is arrested and concluded that the abortion law was not being applied equitably across charged under the Criminal Code with offering Canada. The report states "'the procedure provided in the Criminal birth control information. Code for obtaining therapeutic abortion is in practice illusory for many 1961 Canadian women'. Harold Fine, a wholesale druggist in Toronto, is The 1980's: convicted under the anti-birth control section of 1982 In April the Constitution Act, 1982 receives Royal Assent. the Criminal Code for selling condoms through 1983 In May Dr. Morgentaler opens a clinic in Winnipeg. the mail. 1967 In June the Winnipeg clinic is raided and Dr. Morgentaler, Dr. Robert The Federal Standing Committee on Health and Scott, and 7 staff members arc charged with conspiracy to procure a Welfare begins consideration of proposed miscarriage. amendments to the Criminal Code relating to abortion. The Committee Subsequently, the prosecution decides to proceed against the doctors hears from professional associations, religious groups, health groups, and head nurse Lynn Crocker only, on the substantive charge of women's groups, etc. Dr. Henry Morgentaler appears on behalf of the procuring a miscarriage. Dr. Morgentaler opens another clinic in Humanist Fellowship of Montreal, urging repeal of the abortion law and Toronto. freedom of choice on abortion. On July 5, 1983, police raid the Toronto clinic, seizing equipment and 1969 charging Drs. Morgentaler, Scott and Smoling with conspiracy to Parliament decriminalizes contraception and some abortions. The new procure a miscarriage. abortion law exempts from criminal liability a doctor, in an approved On July 29, 1983 the Toronto clinic is the object of an arsonist's attack. hospital, operating after the hospital's therapeutic abortion committee has In November a pre-trial motion begins in Toronto. Morris Manning, certified that continuation of the pregnancy would likely endanger the counsel for the defence, challenges the constitutional validity of s. 251 woman's life or health. of the Criminal Code. Evidence is heard until mid-December. Argument Dr. Morgentaler ends his general practice to specialise in the performance begins in mid-January and continues intermittently into May. of abortions using the vacuum aspiration method at his clinic in Montreal. Judgement is reserved. The 1970's: 1984 On July 20, Mr. Justice Parker dismisses the motion. 1970 The trial begins on October 15. On November 8 the jury acquits all 3 In June the Montreal clinic is raided by police and Dr. Morgentaler is doctors. charged. 1971 On December 4, Ontario Attorney-General Roy in January Dr. Morgentaler is again charged with performing an illegal McMurtry announces that he will appeal. On abortion. December 10 the Toronto clinic reopens. On 1973 December 19 and 20 respectively, Drs. Scott and In March, Dr. Morgentaler issues a public statement that he is performing Morgentaler are again charged with conspiracy to abortions. In May, be demonstrates his technique on national television. procure a miscarriage. In August the clinic is raided again and ten new charges are laid, bringing 1985 On March 23, the Winnipeg clinic reopens and is the total of charges against Dr. Morgentaler to thirteen. raided a few days later. Dr. Morgentaler is During the fall defence lawyers Claude-Armand Sheppard and Charles charged with three counts of procuring a Flam are unsuccessful in a motion to quash the abortion law as miscarriage. On March 30 the clinic reopens again unconstitutional. and is raided again. Dr. Morgentaler is subsequently charged with three The defence of necessity is raised at trial, and on November 13 the jury more counts under section 251 of the Criminal Code, bringing the total acquits. number of charges outstanding against him in Manitoba to seven. 1974 On April 29, a five-man panel of the Ontario Court of Appeal In February the Quebec Court of Appeal beats the Crown appeal. commences hearing the Crown appeal against the November 1984 acquittal of Drs. In April the Court of Appeal quashes the acquittal and substitutes a Morgentaler, Scott and Smoling as well as defence arguments about the conviction. The matter is returned to the trial Judge for sentencing. Dr. constitutionality of the abortion law. On May 7 the appeal is concluded Morgentaler launches an appeal to the Supreme Court of Canada. and judgement is reserved. On October 1 the Ontario Court of Appears decision is released. The In July Mr. Justice J.K. Hugessen sentences Dr. Morgentaler to 18 Crown's appeal has been allowed, the jury acquittal set side and a new months. trial ordered. Dr. Morgentaler announces immediately that he will appeal He remains at large pending his appeal to the Supreme Court of Canada. to the Supreme Court of Canada. The province says that it will not seek The appeal is heard in Ottawa in October. Judgement is reserved. to shut down the Toronto Clinic while the appeal is pending. 1975 1986 In May Dr. Robert Scott opens the second Toronto clinic. in March the Supreme Court dismisses the appeal. The next day, Dr. On September 24, Toronto police lay abortion charges against Dr. Morgentaler surrenders into custody. He serves 10 months in jail, during Morgentaler, Dr. Scott, and Dr. Colodny, but the Attorney-General stays which time be suffers a mild heart attack. the proceedings, pending the Supreme Court of Canada appeal. In May Dr. Morgentaler is brought to trial on a second count, and after In September the Manitoba College of Physicians and Surgeons rejects hearing evidence as to the defence of necessity, the jury acquits on June Dr. 9. Morgentaler's request for a licence for his Winnipeg clinic on the This acquittal is appealed by the Crown to the Quebec Court of Appeal. grounds that the Criminal Code states abortions can be performed only That Court dismisses the appeal in January, 1976, and the Supreme Court in accredited hospitals. of Canada refuses leave to appeal in March, 1976. In September, Quebec Justice Minister Herbert Marx halts private In July the federal government undertakes to amend the Criminal Code to prosecution of Dr. Yvan Machabee by abortion opponent Reggie prevent any future appeal court ordering conviction after jury acquittal. Chartrand. In September the Minister of Justice establishes the Committee on the Hearing of the doctors' appeal before the Supreme Court of Canada Operation of the Abortion Law (chaired by Robin Badgley). begins in October. 1976 In November, Quebec Justice Minister Herbert Marx orders a halt in In January, following the Quebec Court of Appeal's dismissal of the Crown proceedings against Dr. Jean-Denis Berbube and a Chicoutimi appeal from the second jury acquittal, the Minister of Justice intervenes to community clinic, accused of performing an illegal abortion, after a set aside the conviction which the Appellate Court had i~d in 1974 and private complaint. orders a new trial on that count. Dr. Morgentaler is released from custody. Third jury trial is held in Montreal in March, resulting again in an acquittal. Childcare By Choice Trust 334 Bloor St W Toronto ON M5S 3A7 The 1990's: 1987 In December, a Quebec Superior Court judge overrules Marx' 1990 , In April, the Nova Scotia Appeal Court denies CARAL the right to decision to halt Dr Machabee’s case. Dr. Machabee files a notice of launch its own constitutional challenge because Dr. Morgentalers case is appeal. already underway. CARAL announces its intention to appeal. 1987 On May 29, in a close (140-131) vote, the House of Commons passes Bill In June the Supreme Court of Canada denies Rev. Ken Campbell leave to C-43 and the legislation is sent to the Senate for approval. appeal the ruling by the Ontario Court of Appeal to the effect that the In June the media reports two cases of women having clandestine, illegal province's Attorney General, Ian Scott, was within his rights to order stay of abortions (one woman died), the first such cases in almost 20 years. proceedings in September 1986. October 19, a Nova Scotia provincial court judge strikes down the Medical In June the Supreme Court of Canada agrees to Services Act as unconstitutional and acquits Dr. Morgentaler of all hear anti-abortion activist Joe Borowski's appeal charges. from a Saskatchewan Court of Appeal ruling to the The court finds that abortion law is a matter of federal, not provincial, effect that the constitutional guarantee of right to jurisdiction. The N.S. government soon seeks leave to appeal this life does not apply to fetuses. decision. In July Dr. Morgentaler is ordered to court on August 12 for arraignment on November 15, the Supreme Court of Canada denies CARAL leave to charges initiated by appeal. Reggie Chartrand. Dr. Morgentaler petitions 1991 , On January 31, Bill C-43, the legislation to re-criminalize abortion, Quebec Superior Court to block all actions against is defeated by the Senate. Abortion is now treated like any other medical him by anti-abortion people. On August 12 a procedure, governed by provincial and medical regulations. sessions judge adjourns proceedings against Dr. Morgentaler until Quebec On July 5, the appeal division of the Supreme Court of Nova Scotia Superior Court rules on whether three earlier complaints by Reggie upheld the lower court decision in favour of Dr.
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