Supreme Court Ruling Dec 22, 2010 - IVF.ca Forums

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  • Submitted: Dec 23 2010 12:12 AM
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Supreme Court Ruling Dec 22, 2010

The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-015177-041, 2008 QCCA 1167, dated June 19, 2008, heard on April 24, 2009, is allowed in part. Sections 8, 9, 12, 19 and 60 of the Assisted Human Reproduction Act, S.C. 2004, c. 2, are constitutional. Sections 10, 11, 13, 14 to 18, 40(2), (3), (3.1), (4) and (5) and ss. 44(2) and (3) exceed the legislative authority of the Parliament of Canada under the Constitution Act, 1867. Sections 40(1), (6) and (7), 41 to 43, 44(1) and (4), 45 to 53, 61 and 68 are constitutional to the extent they relate to constitutionally valid provisions. Given the divided success, each party shall bear their own costs.





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