The Court Challenges to the Act

AuthorMaureen McTeer
[  ]
– chapter six –
The Court Challenges to the Act
It was not long before sections of the  Assisted Human Reproduction
Act (AHR Act) were challenged.
In a reference before Quebec’s Court of Appeal, that province’s attor-
ney general sought the opinion of the court to determine if sections  to
,  to , , , and  of the AHR Act were constitutional as valid
criminal law legislation under section () of the Constitution Act, 1867.
Sections  and  were within the prohibited activities section of the AHR
Act. Section  set out the requirement for written consent, in accordance
with regulations, for the use of human reproductive material to create
and make use of an embryo and for the removal of human reproductive
material from a donor posthumously.
Section  limited the obtaining and use of gametes of a minor under
eighteen, except for that minor’s future use to create a child the physician
reasonably believed would be raised by that minor.
Sections  to  were controlled activities under the AHR Act, pro-
hibited unless carried out under licence in a licensed premise, in accord-
ance with regulations made under the Act. ese controlled activities
included the manipulation of human reproductive material or in vitro

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