About: Borowski v Canada (AG)

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Borowski v Canada (AG), [1989] 1 S.C.R. 342 is the leading Supreme Court of Canada decision on mootness of an appealed legal issue. The Court declined to decide whether the fetus had a right to life under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. Had they found in favour of Borowski, laws against abortion in Canada would have to have been again enacted. Thus, along with the later Supreme Court case Tremblay v Daigle (1989), Borowski "closed off litigation opportunities" by anti-abortion activists.

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  • Borowski v Canada (AG), [1989] 1 S.C.R. 342 is the leading Supreme Court of Canada decision on mootness of an appealed legal issue. The Court declined to decide whether the fetus had a right to life under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. Had they found in favour of Borowski, laws against abortion in Canada would have to have been again enacted. Thus, along with the later Supreme Court case Tremblay v Daigle (1989), Borowski "closed off litigation opportunities" by anti-abortion activists. (en)
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  • 1086202678 (xsd:integer)
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dbp:caseName
  • Borowski v Canada (en)
dbp:citations
  • [1989] 1 S.C.R. 342; 1989 CanLII 123 ; , 57 D.L.R. 231; [1989] 3 W.W.R. 97; , 47 C.C.C. 1; [1989] 38 C.R.R. 232; , 75 Sask. R. 82 (en)
dbp:decidedDate
  • 1989-03-09 (xsd:date)
dbp:docket
  • 20411 (xsd:integer)
dbp:fullCaseName
  • Joseph Borowski v. The Attorney General of Canada (en)
dbp:heardDate
  • 0001-10-03 (xsd:gMonthDay)
dbp:history
  • Judgment for the Attorney General of Canada in the Court of Appeal for Saskatchewan. (en)
dbp:notparticipating
  • Beetz and Le Dain JJ. (en)
dbp:ratio
  • The doctrine of mootness has a two step analysis: Has the dispute disappeared and the issue become academic, and if so, Should the court exercise its discretion and hear the case? (en)
dbp:ruling
  • Appeal dismissed. (en)
dbp:scc
  • 1988 (xsd:integer)
dbp:unanimous
  • Sopinka J. (en)
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  • Borowski v Canada (AG), [1989] 1 S.C.R. 342 is the leading Supreme Court of Canada decision on mootness of an appealed legal issue. The Court declined to decide whether the fetus had a right to life under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. Had they found in favour of Borowski, laws against abortion in Canada would have to have been again enacted. Thus, along with the later Supreme Court case Tremblay v Daigle (1989), Borowski "closed off litigation opportunities" by anti-abortion activists. (en)
rdfs:label
  • Borowski v Canada (AG) (en)
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