1. BODIES

A. Abortion and Maternal Fetal Rights

Leading Cases

R. v. Morgentaler [1988] 1 S.C.R 30, Supreme Court of Canada

http://www.canlii.ca/ca/cas/scc/1988/1988scc2.html

Women have a right to abortion as a medical service.

Tremblay v. Daigle [1989] 2 S.C.R. 530, Supreme Court of Canada

http://www.canlii.ca/ca/cas/scc/1989/1989scc96.html

A man brought an injunction against the women pregnant with his child to prevent her from having an abortion. The Supreme Court held that the injunction must be set aside because the substantive rights which are alleged to support it -- the rights accorded to a foetus or a potential father -- do not exist.

Winnipeg Child and Family Services v. D.F.G. [1997] 3 S.C.R. 925, Supreme Court of Canada

http://www.canlii.ca/ca/cas/scc/1997/1997scc98.html

The law of Canada does not recognize the unborn child as a legal person possessing rights.

Dobson (Litigation Guardian of) v. Dobson, [1999] 2 S.C.R. 753, Supreme Court of Canada

http://www.canlii.ca/ca/cas/scc/1999/1999scc40.html

A child brought a case of negligence against her mother for damage caused to her during a car accident while she was a fetus. The Supreme Court held that a legal duty of care cannot, and should not, be imposed by the courts upon a pregnant woman towards her foetus or subsequently born child.

R. v. Demers [2003] B.C.J. No. 75, Court of Appeal for British Columbia

http://www.canlii.ca/bc/cas/bcca/2003/2003bcca28.html

Demers argued that legislation that prohibited picketing in front of abortion clinics violated his right to freedom of speech. He furthered argued that it was not saved under section 1 because his protest conduct was for the purpose of protecting the right to life of foetuses. The Supreme Court of Canada held that a fetus has no rights under the common law so the argument could not be advanced.