| This thesis examines the commercial surrogacy prohibition contained in the 2004 Assisted Human Reproduction Act, arguing that the prohibition represents the kind of "morality policy" that has become increasingly prominent in postmaterialist times. Like other morality policies such as abortion and same-sex marriage, commercial surrogacy involves conflicts of first principle between "liberals" and "collectivists." As the politics of morality often moves from the legislature to the courtroom, this thesis explores whether commercial surrogacy may lead to an institutional clash between the legislatures and the courts. While the federal government's prohibition falls clearly to the "collectivist" side of the debate, the Supreme Court of Canada's jurisprudence on cognate moral issues---reproductive autonomy and the recognition of non-traditional families---has slowly embraced the "liberal" perspective and rejected collectivist arguments. A clash could be on its way. |
