In its Morgentaler decision of January 1988, the Supreme Court of Canada struck down the centrepiece of Canada's abortion law, section 251 of the Criminal Code. The court held that it conflicted with section 7 of the Charter of Rights and Freedoms, which guarantees the 'security of the person'. This ruling radically changed the legal status quo; it was as if Parliament had repealed that section of the Criminal Code without passing a replacement amendment.
Thomas Flanagan (political scientist)Related topics
abortion amendment canada centrepiece charter code court criminal decision hold january law legal parliament passing person replacement ruling section security status strike supreme quoRelated quotes
Those who seek a pro-life culture must accept that we will never persuade all 300 million Americans to agree with us. A pro-life culture can be built only from the ground up, person by person. For too long we have viewed the battle as purely political, but no political victory can change a degraded society. No Supreme Court ruling by itself can instill greater respect for life. And no Supreme Court justice can save our freedoms if we don't fight for them ourselves.
Ron Paul
...a clever Toronto lawyer was deep into a technical argument before the Supreme Court. His position was dependent upon a close reading of the legal text and turned on the letter of the law. Suddenly the chief justice, Beverley McLachlin, leaned forward and asked the counsel if his argument also worked in French. After all, the law is the law in both languages and a loophole in one tends to evaporate in the other. Only an argument of substance stands up. The lawyer had no idea what to reply.
John Ralston Saul
Those terrorists will carry their determination to disrupt society to any lengths. Once again we have a hunger strike at the Maze Prison in the quest for what they call political status. There is no such thing as political murder, political bombing or political violence. There is only criminal murder, criminal bombing and criminal violence. We will not compromise on this. There will be no political status.
Margaret Thatcher
Today's decision is the pinnacle of our Eighth Amendment death-is-different jurisprudence. Not only does it, like all of that jurisprudence, find no support in the text or history of the Eighth Amendment; it does not even have support in current social attitudes regarding the conditions that render an otherwise just death penalty inappropriate. Seldom has an opinion of this Court rested so obviously upon nothing but the personal views of its members.
Antonin Scalia
This morning, the Supreme Court recognized that the Constitution guarantees marriage equality. In doing so, they've reaffirmed that all Americans are entitled to the equal protection of the law. That all people should be treated equally, regardless of who they are or who they love. [...] This ruling will strengthen all of our communities by offering to all loving same-sex couples the dignity of marriage across this great land.
Barack Obama
