Canada: Abortion a legal, moral battlefield

Source: http://www.edmontonsun.com

17.12.2007 By JOYCE ARTHUR

Greatest legacy of Supreme Court ruling is freedom and equality for women

YES

Starting in the late 1960s, Dr. Henry Morgentaler sacrificed the next 20 years of his life in a heroic struggle to win reproductive rights for women. Finally, in 1988, the Supreme Court's historic Morgentaler decision repealed Canada's abortion law completely. The law had resulted in unequal access and arbitrary obstacles for women seeking abortions, thereby violating their constitutional rights. One justice recognized the abortion decision as a highly personal one that was protected under a woman's right to liberty and freedom of conscience.

After the law was struck down, access to abortion improved significantly, with legal clinics opening in several provinces. Canada's abortion rate has since become moderate and stable, with numbers declining slightly in recent years. The lack of restrictions has also allowed abortions to be performed earlier and safer -- 90% occur by 12 weeks of gestation, and less than 0.3% after 20 weeks gestation. The latter are done only under extreme circumstances, such as severe fetal abnormalities or life-threatening maternal health problems.

The fact that Canadian women and doctors act in a timely and responsible manner in the absence of criminal sanctions proves that no laws are needed to limit or regulate abortion. Such laws in other countries are based on patriarchal assumptions that women's main role is to be mothers; women cannot make abortion decisions rationally or without coercion; and therefore, motherhood must be state-enforced. But pregnancies are often unwelcome or ill-advised for a wide variety of reasons. Women are independent beings with rights, and children and motherhood are both too valuable to ever be forced onto someone.

A wonderful legacy of the Morgentaler decision is Canada's management of abortion, not as a crime, but as essential healthcare that saves and improves women's lives. Our experience with no abortion law has become the envy of many people around the world. It's a model we should proudly showcase and encourage other countries to emulate.

The greatest legacy of all is increased freedom and equality for Canadian women. Over the last 20 years, reproductive freedom has enabled many more women to pursue an education and career, participate more fully in Canadian society, and realize their aspirations and goals. When women can choose whether and when to have children, the result is happier and healthier families, and a stronger, more civilized society.

However, the Morgentaler legacies are tainted, because abortion remains politicized in Canada. As a result, access to abortion care is still inadequate in some parts of the country. Women often have great difficulty accessing services in remote or rural areas, including Atlantic Canada. Fewer than one in five hospitals across Canada provide this simple, common procedure, and abortion clinics operate only in large cities. A shortage of providers exacerbates the access problem, as does anti-abortion harassment. The most shameful situation is in New Brunswick, where Dr. Morgentaler has had to launch a lawsuit against the province because it continues to enforce a regulation with the same type of restrictions that were declared unconstitutional by the Supreme Court in 1988.

It's been a huge challenge for the abortion rights movement to improve access these past 20 years, but we have overcome many barriers. Proudly pro-choice, we vow to continue moving forward until we achieve Dr. Morgentaler's personal dream: "Every mother a willing mother, every child a wanted child."

Joyce Arthur is co-ordinatorof the Abortion Rights Coalition of Canada

Definition of when life beginspivotal to debate

With the Morgentaler acquittal on Jan. 28, 1988, the Supreme Court of Canada eliminated Section 251 of the Criminal Code, because it was not equally applied across the country, thus removing all protection for unborn babies. The court also stated that it was within the purview of Parliament to enact new abortion legislation, if it so desired, providing that it met the criteria of the court.

Today, in Canada, any pregnant woman could legally have her unborn child aborted for any reason or for no particular reason, at any time during the pregnancy, right up to delivery.

The Morgentaler decision ensured that the Canadian pro-life movement would continue to focus attention on the killing of pre-born babies in their mothers' wombs -- today totalling more than three million.

With the introduction of DNA testing, it is possible to show that from the time of conception (fertilization) a new human life was in existence.

The fact is that those who oppose the killing of pre-born babies cannot, and will not, give up the struggle in defence of the dignity of all human life from conception until natural death. Supporters continue to take their pro-life message to the streets through a variety of methods. Life Chain takes place in North American cities and towns across the continent on an annual basis and continues to grow here in Canada.

Ten years ago, the National March for Life was inaugurated on Parliament Hill.

In 2007, it resulted in almost 7,000 people marching through the streets of our nation's capital demanding protection for the unborn.

Each year, the number has continued to grow, especially among young people. In 2007, about 65% of the marchers were under the age of 25 and the sold-out Rose Dinner with 1,100 in attendance, attracted over 50% who were under 25 years.

Today, two-thirds of Canadians want a halt to the indiscriminate slaughter of unborn children through abortion. The pro-life movement has changed in the last 20 years, developed a thicker skin, so to speak, and entrenched itself for the duration, as our voices continue to be heard and the voices of the "pro-choice" supporters decline.

Contrary to the claims of former prime minister Jean Chretien, Canada does not have social peace on the issue. Quite the contrary, more and more women and men have been coming forward to tell their stories about how they have been hurt by abortion.

The project initiated in Calgary by the Canadian Centre for Bio-Ethical Reform, to illustrate the slaughter by means of showing graphic images on trucks, of aborted babies, is raising a new awareness.

The Internet is now used to educate young people by providing direct access to information about crucial life issues. Political activity continues to change minds in favour of the dignity of human life.

Today, the pro-life movement continues to evolve, encompassing a larger number of advocates, and includes those who have been personally damaged by their direct involvement with abortion.

From the beginning, the overall attitude of the pro-life movement towards those who seek abortion has been to show them love. Prayers for both, the mother and abortionist, goes hand in hand with rejection of the act of abortion.

The movement promotes a culture of hope, while re-committing itself to never give up until there is true peace on the issue -- respect for all human beings, born and unborn, handicapped or whole, wanted or marginalized.

Jim Hughes is national presidentof Campaign Life Coalition