Shannon Stettner and Katrina Ackerman
January 28, 2018 marks the thirtieth anniversary of the Morgentaler decision that declared Canada’s 1969 abortion law unconstitutional. For thirty years, the country has been without a federal law governing abortion. In place of a federal law, provincial regulations and the individual provincial colleges of physicians and surgeons have governed access to abortion. Such regulations have varied dramatically between the provinces and territories, resulting in an uneven patchwork of abortion services across the country.
The 1988 Morgentaler decision was the culmination of twenty years of Dr. Henry Morgentaler’s relentless struggle to provide Canadian women with equitable and safe access to abortion services. Morgentaler built on the energy of women and professional organizations that had been arguing for decades that the criminalization of abortion was ineffective and merely harmed women who put their lives at risk to terminate their pregnancies. Morgentaler, with the support of pan-Canadian abortion rights activists, opened freestanding abortion clinics in Quebec, Ontario, and Manitoba. He opened the Toronto clinic to purposefully contravene the abortion law and launch a legal challenge.
Following a 1983 raid of the clinic by Toronto police, Dr. Morgentaler, Dr. Robert Scott, and Dr. Leslie Frank Smoling were charged with illegally providing abortions. In 1984, a jury acquitted the doctors, but the Ontario government appealed that decision. When the Ontario Court of Appeals ordered a retrial, Morgentaler appealed the decision to the Supreme Court of Canada. Continue reading