<P> With R v. Morgentaler, the Supreme Court of Canada removed abortion from the Criminal Code . Relying on the security of person clause of the Canadian Charter of Rights and Freedoms, the court determined that, while the state has an interest in protecting the fetus "at some point", this interest cannot override that of the pregnant woman because: "the right to security of the person of a pregnant woman was infringed more than was required to achieve the objective of protecting the fetus, and the means were not reasonable ." The only laws currently governing abortion in Canada are those which govern other medical procedures, such as those regulating licensing of facilities, the training of medical personnel, and the like . </P> <P> Because the courts did not specifically establish abortion as a right, Parliament has leave to legislate on this aspect of the matter; and in 1989, the Progressive Conservative government attempted to do just that . A bill was introduced that would allow abortion only if two doctors certified that the woman's health was in danger . This bill passed the House of Commons but was defeated by a tie vote in the Senate . </P> <P> Several additional cases have considered further issues . </P> <P> Although the courts have not ruled on the question of fetal personhood, the question has been raised in two cases, Tremblay v. Daigle and R. v. Sullivan . Both cases relied on the born alive rule, inherited from English common law, to determine that the fetus was not a person at law . </P>

Which of the following is not an argument in favor of legalization