Comparing The Morgentaler Case Of 1993 And The Smolig And...

In chapter one, the difference between the three types of crimes in Canada were discussed: summary, indictable, and hybrid offences. Summary offences take place in provincial/territorial court, and and the maximum penalty fine is six months in prison, five thousand dollars, or both. An example of a summary offence is soliciting in a public place, or carrying a weapon while attending a public meeting. An indictable offence is one that is much more severe. The sentences given are much more serious. Crimes considered an indictable offence include manslaughter, robbery, and aggravated sexual assault. A hybrid/dual offence could include sexual assault, theft under five thousand dollars, or unlawful imprisonment. The Morgentaler case of 1993 and the Smolig and Scott case of 1988 were cases that would have a very impactful ruling. The supreme court of Canada decided that section 287 of the criminal code infringed the rights of section 7 in the charter of rights and freedoms. Section 7 state s that â€Å"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.† (Constitution Acts, 1867 to 1982) This declared that abortion could ne longer be considered a criminal offence because it was unconstitutional and violated one’s rights under section 7. The oakes test would be applied to a case such as this. The oakes test is a legal test the courts use to determine whether an