Relationship, Particularity, and Change: Reflections on R. v. Morgentaler and Feminist Approaches to Liberty

This article applies feminist theory to an understanding of liberty rights using the Canadian case of R v. Morgentaler case and its claim for reproductive control under the Canadian Charter of Rights and Freedoms (Section 7). The author begins by examining the reasoning of various judicial opinions delivered in the Morgentaler case. The author then provides an overview of certain tenets of feminist theory in order to establish the premises of the equality-based arguments behind feminist theorizing. Finally, the author draws a connection between the themes underlying feminist discourse and the possibilities for a reconception of liberty through the rights to liberty and security of the person guaranteed in the Charter of Rights and Freedoms. [Descriptors: Reproductive Rights - Abortion, Canada]