In a criminal appeal following acquittals on conspiracy charges arising from the operation of an abortion clinic, the Court held that the abortion regime in s. 251 of the Criminal Code violated s. 7 of the Charter.
A majority concluded that the therapeutic abortion committee scheme interfered with liberty and security of the person by removing decision-making from pregnant women and by imposing unfair, delay-producing procedural barriers that increased physical and psychological risk.
The Court further held that the infringement was not justified under s. 1 because the legislative means were arbitrary, overbroad, and not proportionate to the objective of protecting the foetus.
The acquittals were restored and s. 251 was struck down.
