GordieCanuk GordieCanuk:
Axeman Axeman:
Tough shit! The Supreme Court has already ruled that anti-abortion legislation fails the Oakes test and is, therefore, unconstitutional. Harper and his cronies could have every seat Parliament and that still wouldn't give him the authority to pass an unconstitutional law.
If and when fetal rights (the rights of the unborn) become established...then it will or would be possible to grant them protection under our constitution. There's also the notwithstanding clause.
The failure of the abortion law had nothing to do with fetus' rights. It failed on the Oakes test. The problems caused by desperate women going underground to unqualified practitioners was what doomed the law. I wouldn't hold your breath on fetuses' (is that the correct plural) ever getting "rights", but even if they did, it wouldn't change the elements of the Oakes test that doomed the abortion law, since it was sunk female welfare, not child welfare grounds.
The notwithstanding clause was intended for Provincial legislation only. It was put in to the Charter to try and coax Quebec to sign. I can't imagine a situation where it could be used to maintain an unconstitutional Federal law. Even if it could, notwithstanding exemptions have a 5 year limit, so it wouldn't work in this case anyway.