How the courts (via the Charter) have attempted to balance the goals of public policy with the rights and freedoms entrenched in the Charter. In doing so, we have also agreed that the law is not a mechanical exercise or a fail-safe analytical tool when it comes to addressing problematic social and moral issues. The law is, to a large degree, political. That means that decisions, legally principled, logically coherent, or otherwise, will always be influenced by contextual factors.  It seems that the tension between the objectives of law, politics, and morality will never be completely solved. Perhaps this is a desirable aspect of law in relation to complex social/moral issues. Discuss and evaluate the above quote by making reference to R.v. Morgentaler 1988 involved the tension between morality, the public good, and/or the harm principle and a particular right. In your opinion did the courts strike the correct balance in this case? Provide reasons for your position(s.)

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The quote highlights the complexity and inherent tension in balancing public policy goals with the rights and freedoms protected by the Charter of Rights and Freedoms Courts through the Charter have t... View the full answer