This was the first of three Supreme Court decisions on abortion that were brought by Morgentaler.

Morgentaler was prosecuted, for openly providing abortions, by the provincial government of Quebec three times, but they failed to secure a conviction at a jury trial: Morgentaler challenged the law on two grounds.

First, on the grounds that modern abortion techniques were no longer a threat to the woman's health so the dangers that the law was intending to protect no longer applied and consequently the law no longer had a valid criminal purpose required under the federal government's criminal law-making power under section 91(27) of the Constitution Act, 1867.

Second, on the grounds that the provisions violated the Canadian Bill of Rights.

The Court also rejected the challenge on the basis that it violated the Bill of Rights.