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22578

Her Majesty the Queen v. Henry Morgentaler

(Nova Scotia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1997-08-08 Appeal closed
1994-07-21 Correspondence (sent by the Court) to, sent to C/A of NS (Halifax, NS) enclosing their record
1993-10-14 Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON)
1993-10-14 Copy of formal judgment being prepared, Beament, Green, Dust (Ottawa, ON)
1993-10-14 Copy of formal judgment being prepared, Attorney General of Canada (Ottawa, ON)
1993-10-14 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1993-10-12 Formal judgment sent to the registrar of the court of appeal and all parties, Nova Scotia (Halifax)
1993-09-30 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed, with costs of the appeal to the respondent on a party and party scale. For answers to Constitutional Questions please see file.
Dismissed, with costs
1993-09-30 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Attorney General of Canada (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Beament, Green, Dust (Ottawa, ON)
1993-09-30 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa, ON)
1993-02-15 General proceeding, transcript received and distributed to the judges (182 pages)
1993-02-08 Order on motion to extend time, to serve and file a factumt to Jan\25\1993, with service
1993-02-04 Hearing of the appeal, 1993-02-04, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1993-02-04 Decision on motion to extend time, to serve and file tthe intervener's factum to Jan\25\1993, Reg
Granted, no order as to costs
1993-02-04 Hearing of motion to extend time, 1993-02-04, to serve and file tthe intervener's factum to Jan\25\1993, Reg
1993-02-04 Submission of motion to extend time, 1993-02-04, to serve and file tthe intervener's factum to Jan\25\1993, Reg
1993-02-04 Order on motion to extend time, to apply for leave to intervene,, with service
1993-02-04 Order on motion for leave to intervene, With service
1993-02-03 Intervener's factum, 9copies of AMENDED FACTUM (re order of Sopinka of Feb. 2, 1992) (ADDITIONAL COPIES of 23 copies received on Feb. 12, 1993) Canadian Abortion Rights Action League (CARAL)
1993-02-02 General proceeding, authorities for motion on feb. 2/93 Canadian Abortion Rights Action League (CARAL)
1993-02-02 Decision on miscellaneous motion, for an order prohibiting the Canadian Abortion Rights Action League from arguing new issues. For more details on decision see file or Registrar red book #9 @p. 93, and 94. Indexed as: R. v. Morgentaler, [1993] 1 S.C.R. 462, So
Granted, no order as to costs
1993-02-02 Hearing of miscellaneous motion, 1993-02-02, for an order prohibiting the Canadian Abortion Rights Action League from arguing new issues. For more details on decision see file or Registrar red book #9 @p. 93, and 94. Indexed as: R. v. Morgentaler, [1993] 1 S.C.R. 462, So
1993-02-02 Submission of miscellaneous motion, 1993-02-02, for an order prohibiting the Canadian Abortion Rights Action League from arguing new issues. For more details on decision see file or Registrar red book #9 @p. 93, and 94. Indexed as: R. v. Morgentaler, [1993] 1 S.C.R. 462, So
1993-02-01 Response to motion to extend time, to file and serve the A.G. New Brunswick factum to Jan. 25, 1993 Henry Morgentaler
1993-02-01 Response to motion to extend time, to file and serve the A.G. New Brunswick factum to Jan. 25, 1993 Her Majesty the Queen
1993-02-01 Affidavit, to file and serve the intervener's factum to Jan. 25, 1993 (of Eduard J. Van Bemmel) Attorney General of New Brunswick
1993-02-01 Motion to extend time, to file and serve the intervener's factum to Jan. 25, 1993 Attorney General of New Brunswick
1993-01-29 Affidavit, (of Marian Tyson) for an order prohibiting the Canadian Abortion Rights Action League from arguing at the hearing of this appeal, with service Her Majesty the Queen
1993-01-29 Notice of miscellaneous motion, for an order prohibiting the Canadian Abortion Rights Action League from arguing at the hearing of this appeal, with service Her Majesty the Queen
1993-01-28 Correspondence (sent by the Court) to, from Yvonne E. Milosevic; re: that herself and Edward r. Sojonky, Q.C. will appear at the hearing
1993-01-28 Book of authorities, 11 copies (joint with A.G. of New Brunswick and C.A.R.A.L.), with service Attorney General of Canada
1993-01-27 Appeal hearing scheduled, 1993-02-04
Decision reserved
1993-01-25 Intervener's factum, 24 copies (extension of time requested + motion to accept without numbering margin), with service Attorney General of New Brunswick
1993-01-21 Book of authorities, JOINT 10 copies, with service Her Majesty the Queen
1992-12-10 Order on motion to extend time, to serve and file A.G. Canada's factum to November 30, 1992, with service
1992-12-02 Decision on motion to extend time, to serve and file the factum of A.G. Canada's factum to Nov/30/1992., Ia
Granted, no order as to costs
1992-12-02 Hearing of motion to extend time, 1992-12-02, to serve and file the factum of A.G. Canada's factum to Nov/30/1992., Ia
1992-12-02 Submission of motion to extend time, 1992-12-02, to serve and file the factum of A.G. Canada's factum to Nov/30/1992., Ia
1992-11-30 Response to motion to extend time, to Nov. 30, 1992 to file the A.G. Canada factum Henry Morgentaler
1992-11-30 Response to motion to extend time, to Nov. 30, 1992 to file the A.G. Canada factum Her Majesty the Queen
1992-11-30 Affidavit, to Nov. 30, 1992 to file the A.G. Canada factum (Yvonne Elizabeth Milosevic), with service Attorney General of Canada
1992-11-30 Motion to extend time, to Nov. 30, 1992 to file the A.G. Canada factum, with service Attorney General of Canada
1992-11-30 Intervener's factum, 24 copies, with service Attorney General of Canada
1992-11-12 Proof of service, 1 copy of book of authorities vol. I & II, with service
1992-11-09 Book of authorities, 10 copies of vol. I & II R.E.A.L. Women of Canada
1992-09-21 Order on motion to adjourn the hearing of the appeal, With service
1992-09-16 Decision on motion to adjourn the hearing of the appeal, to the head of the January 1993 session,, CJ
Granted, no order as to costs
1992-09-16 Hearing of motion to adjourn the hearing of the appeal, 1992-09-16, to the head of the January 1993 session,, CJ
1992-09-16 Submission of motion to adjourn the hearing of the appeal, 1992-09-16, to the head of the January 1993 session,, CJ
1992-09-15 Affidavit, of Anne S. Derrick sworn on Sept\15\1992,, with service Henry Morgentaler
1992-09-09 Response to the motion to adjourn the hearing of the appeal Her Majesty the Queen
1992-09-09 Affidavit, by Anne S. Derrick, with service Henry Morgentaler
1992-09-09 Motion to adjourn the hearing of the appeal, to the head of the 1993 session, Henry Morgentaler
1992-09-08 Intervener's factum, 25 copies, with service Canadian Abortion Rights Action League (CARAL)
1992-08-10 Order on motion to extend time, to serve and file the intervenor's factum to Sept\07\1992, with service
1992-07-29 Decision on motion to extend time, to serve and file the intervenor's factum to Sep\07\1992, So
Granted, no order as to costs
1992-07-29 Hearing of motion to extend time, 1992-07-29, to serve and file the intervenor's factum to Sep\07\1992, So
1992-07-29 Submission of motion to extend time, 1992-07-29, to serve and file the intervenor's factum to Sep\07\1992, So
1992-07-27 Response to motion to extend time, to serve and file the CARAL's factum to Sept. 7/92 Henry Morgentaler
1992-07-27 Response to motion to extend time, to serve and file the CARAL's factum to Sept.7/92 Her Majesty the Queen
1992-07-27 Affidavit, to serve and file the factum to Sept. 7/92; Ian Godfrey, with service Canadian Abortion Rights Action League (CARAL)
1992-07-27 Motion to extend time, to serve and file the factum to Sept. 7/92, with service Canadian Abortion Rights Action League (CARAL)
1992-07-22 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes., Ia
Granted, no order as to costs
1992-07-22 Hearing of motion for leave to intervene, 1992-07-22, oral argument is limited to 15 minutes., Ia
1992-07-22 Submission of motion for leave to intervene, 1992-07-22, oral argument is limited to 15 minutes., Ia
1992-07-22 Intervener's factum, 24 copies, with service R.E.A.L. Women of Canada
1992-07-13 Order on motion for leave to intervene
1992-07-13 Correspondence (sent by the Court) to, of Ian V. H. Godfrey dated July 10, 1992 re agreement to withdraw paragraphs 44 & 45 of the affidavit of Jane Holmes
1992-07-13 Response to the motion for leave to intervene, of CARAL on agreement that the intervener withdraws paragraphs 44 & 45 of the affidavit of Jane Holmes which paragraphs set out proposed arguments relating to the Charter of Rights and Freedom Her Majesty the Queen
1992-07-10 Respondent's factum, 24 copies, with service Henry Morgentaler
1992-07-06 Appeal perfected for hearing, Session beginning on 1993-01-25
1992-06-24 Affidavit, Jane Holmes, with service Canadian Abortion Rights Action League (CARAL)
1992-06-24 Motion for leave to intervene, With service Canadian Abortion Rights Action League (CARAL)
1992-06-24 Response to motion to extend time, to CARAL to apply for leave to intervene Henry Morgentaler
1992-06-24 Affidavit, to apply for leave to intervene; Jane Holmes, with service Canadian Abortion Rights Action League (CARAL)
1992-06-24 Motion to extend time, to apply for leave to intervene, with service Canadian Abortion Rights Action League (CARAL)
1992-06-22 Correspondence (sent by the Court) to, from Buchan, Derrick & Ring; re: the respondent consents to the intervention of CARAL
1992-05-11 Appellant's factum, 24 copies, with service Her Majesty the Queen
1992-05-04 Correspondence (sent by the Court) to, from Beament, Green; re: do not oppose or consent to the motion of intervention of REAL Women
1992-04-30 Decision on the motion for leave to intervene, In light of the appellant's and the respondent's position, the motion is granted, oral argument is limited to 15 minutes,, Ia
Granted, no order as to costs
1992-04-30 Hearing of motion for leave to intervene, 1992-04-30, In light of the appellant's and the respondent's position, the motion is granted, oral argument is limited to 15 minutes,, Ia
1992-04-30 Submission of motion for leave to intervene, 1992-04-30, In light of the appellant's and the respondent's position, the motion is granted, oral argument is limited to 15 minutes,, Ia
1992-04-29 Correspondence (sent by the Court) to, (by fax) of Mary Eberts advising The Court that CARAL will bring a motion for leave to intervene in the near future
1992-04-29 Correspondence (sent by the Court) to, (by fax) from Beament, Green; re: was served with the motion for intervention of REAL Women; advises that the appellant does not oppose nor consent to this motion
1992-04-28 Correspondence (sent by the Court) to, of Anne S. Derrick (Buchan, Derrick & Ring) to advise that the respondent does not consent to the intervention of REAL Women and is taking no position on their intervention
1992-04-23 Affidavit, Constance Gwendolyn Landolt (2 copies) R.E.A.L. Women of Canada
1992-04-23 Motion for leave to intervene, 2 copies R.E.A.L. Women of Canada
1992-04-23 Affidavit, for leave to intervene; Constance Gwendolyn Landol t R.E.A.L. Women of Canada
1992-04-23 Motion to extend time, for leave to intervene R.E.A.L. Women of Canada
1992-04-15 Order on motion to extend time, to serve and file the case on appeal to Apr/01/92, with service
1992-04-07 Decision on motion to extend time, to serve and file the Case on Appeal to Apr/1/1992, Reg
Granted, no order as to costs
1992-04-07 Hearing of motion to extend time, 1992-04-07, to serve and file the Case on Appeal to Apr/1/1992, Reg
1992-04-07 Submission of motion to extend time, 1992-04-07, to serve and file the Case on Appeal to Apr/1/1992, Reg
1992-04-01 Response to motion to extend time, to file and serve the Case on Appeal to April 1, 1992 Henry Morgentaler
1992-04-01 Affidavit, to file and serve the Case on Appeal (of Stephen J. Grace), with service Her Majesty the Queen
1992-04-01 Motion to extend time, to serve and file the Case on Appeal to April 1, 1992, with service Her Majesty the Queen
1992-04-01 Certified casebook, of vol. I to V, with service Her Majesty the Queen
1992-04-01 Case on appeal, 23 copies of vol. I to V Her Majesty the Queen
1992-03-30 Notice of withdrawal, With service Attorney General for Ontario
1992-03-23 Notice of intervention respecting a constitutional question, 2 copies, with service Attorney General of Canada
1992-03-23 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1992-03-23 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1992-03-03 Notice of constitutional question(s), With service Her Majesty the Queen
1992-02-27 Order on motion to state a constitutional question, With service
1992-02-18 Decision on the motion to state a constitutional question, " For Constitutional Questions see file or Reg's red book #8 @ p.271. Intentions of intervention to be filed by Mar\23\1992., CJ
Granted, no order as to costs
1992-02-18 Hearing of the motion to state a constitutional question, 1992-02-18, " For Constitutional Questions see file or Reg's red book #8 @ p.271. Intentions of intervention to be filed by Mar\23\1992., CJ
1992-02-18 Submission of motion to state a constitutional question, 1992-02-18, " For Constitutional Questions see file or Reg's red book #8 @ p.271. Intentions of intervention to be filed by Mar\23\1992., CJ
1992-02-12 Response to the motion to state a constitutional question Henry Morgentaler
1992-02-07 Motion to state a constitutional question Her Majesty the Queen
1991-12-19 Close file on Leave
1991-12-18 Appeal court record, 1 accordion file (with Trial Record)
1991-12-18 Trial court record, 1 accordion file (with C/A record)
1991-12-10 Order granting leave to appeal, With service
1991-12-10 Notice of appeal, With service Her Majesty the Queen
1991-11-14 Notice of deposit of judgment issued to all parties, Beament, Green, York & Manton (Ottawa,ON)
1991-11-14 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1991-11-14 Judgment of the Court on the application for leave to appeal, CJ So McL, The application for leave to appeal is granted.
Granted, no order as to costs
1991-11-14 Hearing of the application for leave to appeal, 1991-11-14, CJ So McL
1991-11-14 All materials on application for leave submitted to the Judges, 1991-11-14, CJ So McL
1991-10-07 All materials on application for leave submitted to the Judges, CJ So McL
1991-09-19 Respondent's response on the application for leave to appeal, 5 copies Henry Morgentaler
1991-09-06 Service, of application for leave to appeal
1991-09-03 $30.00 filing fee, receipt #23170 Her Majesty the Queen
1991-09-03 Application for leave to appeal, 5 copies, with service, Completed on: 1991-09-03 Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Morgentaler, Henry Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of New Brunswick Intervener Active
R.E.A.L. Women of Canada Intervener Active
Canadian Abortion Rights Action League (CARAL) Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Names
Marian F.H. Tyson, Q.C.
Louise Walsh Poirier
Contact information
Attorney General of Nova Scotia
5151 TERMINAL RD
PO BOX 7
HALIFAX, Nova Scotia
B3J 2L6
Telephone: (902) 424-4390
Agent
Name
Stephen J. Grace
Contact information
Beament, Green, Dust
155 Queen St
14th Fl
Ottawa, Ontario
K1P 6L1
Telephone: (613) 238-2229
FAX: (613) 238-2371

Party: Morgentaler, Henry

Counsel
Names
Anne S. Derrick
Jacqueline Mullenger
Contact information
Buchan, Derrick & Ring
100 - 5525 ARTILLERY PLACE
HALIFAX, Nova Scotia
B3J 1J2
Telephone: (902) 422-7411
FAX: (902) 423-3544
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Names
Edward R. Sojonky, Q.C.
Y.E. Milosevic
Contact information
Attorney General of Canada
DEPARTMENT OF JUSTICE
239 WELLINGTON ST
OTTAWA, Ontario
K1A 0H8
Telephone: (613) 957-4871

Party: Attorney General of New Brunswick

Counsel
Names
Paul M. LeBreton, Q.C.
Bruce Judah
Contact information
Attorney General of New Brunswick
CENTENNIAL BLDG
PO BOX 6000 STN A
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2583
FAX: (506) 453-3651
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: R.E.A.L. Women of Canada

Counsel
Names
Angela M. Costigan
Lynn Kirwin
Contact information
Costigan & Costigan
410 - 120 CARLTON ST
TORONTO, Ontario
M5A 4K2
Telephone: (416) 922-8611
FAX: (416) 922-1963
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Canadian Abortion Rights Action League (CARAL)

Counsel
Names
Mary A. Eberts
Ian Godfrey
Contact information
Eberts Symes Street & Corbett
200 - 8 PRICE ST
TORONTO, Ontario
M4W 1Z4
Telephone: (416) 920-3030
FAX: (416) 920-3033
Agent
Name
V. Jennifer MacKinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

October 19, 1990
Provincial Court of Nova Scotia

PHFX-69568 to 69581

Acquittal: 14 counts of performing unauthorized abortions

July 5, 1991
Nova Scotia Court of Appeal

Not available

Appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13