Winnipeg Free Press

Winnipeg Free Press (Newspaper) - March 10, 1989, Winnipeg, Manitoba Winnipeg free March decision experts agree supreme court bound by Law in rejecting Borowskiy Appeal by Alexandra Paul and John Douglas the supreme court of Canada made the right decision in refusing to Rule on the Joe Borowski abortion constitutional experts said yes they said under Canadian Law Only governments can ask the supreme through a for a constitutional interpretation of a Law before it is they said that if the court had brought Down any other it would have opened a private refer ence procedure for individuals to test the constitutionality of a Law before it is it would have opened the door for constitutional tests for controversial government initiatives such As the Meech Lake constitutional Accord and the new refugee the court ruled unanimously yesterday against a request for a ruling on whether an unborn fetus has rights under the charter of rights and the a 70 ruling written by Justice John said it Bein the Public interest to Rule if a fetus has constitutional Protection under the charter of rights and freedoms until Parlia ment passes the supreme court has honoured its longstanding tradition of not hearing hypothetical Winni Mccrae Calls on Ottawa to enact new abortion Law by Ruth Teichroeb and Patrick Mckinley attorney general Jim Mccrae has called on Ottawa to bring in a new abortion Law in Light of the supreme courts refusal yesterday to Rule in the absence of a Federal but Mccrae shied away from advising Ottawa on what kind of Law it should that is an Issue to be decided by the Federal he his stance differed from that of Liberal Leader Sharon who urged the Federal government to look at a Law Reform commission of Canada report As a Slatting Point in drafting a new abortion the report recommended that abortions during the first three months of pregnancy be left up to a woman and her that a second doctors consent be required in the second three months and that abortions be banned in the last three months except in life threatening sit Carstairs said the position avoided extremes on the abortion adopting a Middle Road that Many if not can Carstairs lauded the supreme court ruling they made a Wise decision to say As they this is an Issue for the politicians to she Mccrae said the courts decision combined with its Deci Sion a year ago to strike Down Cana Das therapeutic abortion has left a the Federal parliamentarians will have some soul searching to he he said the Filmon government acted in its area of jurisdiction last year when it refused to fund free standing abortion Manitoba maps Are divided about How the Federal govern ment should proceed with the Abor Tion i think the government will now want to decide whether there should be an abortion conservative my Dorothy Dobbie Winnipeg South said priority list but its not probably at the top of the priority right now the urgent matter is getting the Economy Back in the Mulroney government might be better off if it decided against having an abortion Law and let individuals decide based on their con she when you try to make Laws like you get into setting yourself up As maybe the fact that people have such personal views indicates that there be a but conservative my Felix Holt Mann said hed be lobbying for Legal Protection for the ill push for a prolife Holtmann Portage Interlake he said the abortion Law proposed relax Bright informative Reading daily Home delivery 9570550 by the Law Reform commission is too the government has delayed Deal ing with the abortion Law Issue be cause it is so he Liberal maps said the government should Stop looking for an easy Way out of the abortion i suspect that most people do want some kind of my Ron Duhamel i think Mulroney has had ample Opportunity to bring Forward legislation and Hes failed to do my suspicion is that the supreme court is getting a Little testy about being expected to do the govern ments work for my John Harvard James said the supreme court made the right decision when it sent the matter Back to the As much As its a hot political its politicians who have to Deal with i dont think the govern ment has been Able to screw up enough courage neither of Manitoba two nip maps could be reached for comment but the Dps official position supports free Choice and equal Access to Peg constitutional expert Jack Lon Don once it struck Down the abortion Law they were into fantasy there was nothing there was no Law to Deal the Challenge initiated by Borowski was against 251 of the criminal code the Section struck Down by the Morgen Teler in january the court struck Down Canadas 20yearold abortion saying they were unevenly enforced and that they violated the rights of women to Secu Rity of the person and fundamental in that brought by Henry Morgentaler who opened abortion clinics in Defiance of the the court made no decision on fetal former Manitoba attorney Gener Al Roland Penner said the court had no Choice but to reject the charter Borowski tried to argue the unborn have constitutional rights to apart from the charter imply Borowski based his Case on the constitutional Validity of a Law that no longer Penner they could have quite rightly thank you but no thank you at the Penner some of us were surprised at the time it took them to make a ruling but its Good that they took the time to write a Complete now a University of Manito Law Penner said he believes the court opted 4o hear the Borowski Case be cause of its charter ramifications on the role of the the charter cast a new role for the which for Good or gave it More involvement in the area of policy that it Ever had Penner by returning the Issue to Parlia Penner said he believes the court is setting limits on judicial encroachment into Borowski with daughter Karen grandson another University of Manitoba constitutional expert said the supreme court restricted in its role by the legislation that governs Brian Schwartz under the supreme court the government has the authority to refer such questions to the court but the restrictions Are tougher when youre talking about an on one the act gives the court the constitutional right to hear cases that Arent governed by Laws Schwartz but one the other the act ends up putting the court in a Nowin situation when such cases involve individual Schwartz in this they said there Are two reasons they make a Schwartz ruling is not going to Tell you what you want to know if this or that abortion Law is Schwartz the court wanted to avoid tying parliaments hands or its own later if abortion Legisla Tion is Schwartz the University of Manitoba faculty of engineering engineering Access program application deadline March 1989 applications Are now being accepted from Manitoba residents of native ancestry who Are interested in a University engineering degree the engineering Access program provides Access to an engineering education for native people who have not had the Opportunity by providing social and financial sup 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