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Borowski v. The Attorney General for Canada (1989)


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Joe Borowski, an anti-choice activist, wanted to establish the legal personhood of the fetus, separate from the mother. Borowski wanted to challenge the fact that sections of the criminal code that allowed abortions in certain circumstances were in violation of the Charter. After his case was dismissed in the lower courts, Borowski appealed to the Supreme Court of Canada.

LEAF intervened at the Supreme Court of Canada to argue that the woman and the fetus are not separate entities and the legal personhood of the woman must be protected. This was one of the first cases in which LEAF became involved to defend women's right to control their own bodies and to have the choice of whether or not to have a child. The Supreme Court unanimously dismissed Borowski's appeal.


Supporting documents
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Supreme Court of Canada Decision (1989)