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1 results

  • Constitutional Law and Abortion in Saskatchewan: The Freedom of Informed Choice (Abortions) Act

  • Sarah Burningham
  • Journal:
    Canadian Journal of Law & Society / La Revue Canadienne Droit et Société / Volume 35 / Issue 1 / April 2020
    Published online by Cambridge University Press:
    18 May 2020, pp. 69-88
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  • This paper reviews the history of Bill 53, the Freedom of Informed Choice (Abortions) Act. A private member’s bill introduced in the Saskatchewan Legislative Assembly in 1985, Bill 53 would have imposed additional consent requirements on women seeking abortions. After concerns about its constitutionality were raised, the Bill was referred to the Saskatchewan Court of Appeal, which found it fell outside provincial jurisdiction. This paper explores the connection between Bill 53 and its more well-known cousins, Morgentaler and Borowski, and examines judicial and political decision-making in the early Charter era.