SUI GENERIS: THE LEGAL NATURE OF THE FOETUS IN CANADA

Authors

  • MOIRA L MCCONNELL

Abstract

In this article, the author assesses the effect of a number of decisions of the Supreme Court of Canada in which to a greater or lesser extent, the status of the foetus has been in issue. She suggests that a number of propositions may be drawn from these cases, but that the Supreme Court may be reluctant to enter fully into the debate. The cases seem, however, to reflect the view that the foetus is an entity distinct from other forms of human life, and that any legal protection of it needs express legislative enactment.

Keywords:

Constitutional Law

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Published

1991-09-01

Issue

Section

Legal Commentary