September 14th, 1994

Dr. Morgentaler constitutional challenge was successful. The trial court found that “the impugned sections of the Medical Act were enacted by the Legislature, not with a view to controlling or ensuring the quality and nature of health care or the maintenance of professional standards, but to prohibit abortions outside hospitals with a view to suppressing or punishing what the members of the government and of the Legislative Assembly perceived to be the socially undesirable conduct of abortion.” Following the Supreme Court judgment in R v Morgentaler, [1993] the Court held that the legislation was criminal in nature and thus outside of provincial jurisdiction and of no force or effect. However, the court did not assess the legality of Reg. 84-20. The provincial government appealed.