So, it has been announced that Canada's "Father of Abortion," Dr. Henry Morgentaler, will receive the Order of Canada, this country's highest honour. For those of you who are not aware, Dr. Morgentaler is a general practitioner who, throughout the 70s and early 80s, performed abortions in his clinics in violation of Canada's abortion law. This law, set out in 1969, was, I think it is fair to say, a disaster. Essentially, it stipulated that a woman could only receive an abortion in a designated hospital after meeting with a special committee of four persons, three of whom had to deem that the abortion was necessary because the pregnancy threatened her health. While some might agree that the law sounds reasonable, it was inconsistently and unequally applied. Some areas of the country were without these "designated" hospitals; sometimes the committee process would take an unjustifiably long time (and time matters when it comes to abortions); different committees had different ideas of what was meant by 'health' (was psychological health also a factor, or was physical health the only consideration? And how significant did the threat need to be?); and some committees would only approve the abortion if the woman's husband consented, while others did not even require the woman to inform her partner. Dr. Morgentaler, being a pro-choice advocate, recognized the inequity of the abortion legislation and, after being charged in 1987 for illegally peforming abortions, he took his (or the) case to the Supreme Court. Consequently, the Court invalidated the 1969 law on the grounds that it unjustifiably violated section 7 (security of the person) of the Charter of Rights and Freedoms. At that time the Court challenged Parliament to come up with a better law, that did not violate the constitutional rights of women. Parliament has YET to do this, so Canada remains the only western nation to have NO abortion laws whatsoever (which means, yes, that a woman can legally have an abortion right through her third trimester - or a partial birth abortion).
I realize that abortion is a very delicate subject and, for that reason, I was hesitant to post on this issue. At the same time, I believe that in order to have a healthy democracy we must not shy away from dealing with the tough stuff. While Morgentaler's appointment to the Order of Canada isn't exactly a political issue, you can be sure that it will bring the topic of abortion (a topic which is always right below the surface of political discourse) to the forefront. While I don't blame Morgentaler for Canada's complete lack of abortion legislation, many people do. Further, most Canadians believe that there should be at least some restrictions on when if not why or if a women should be able to have an abortion. Abortion is an issue which divides Canadians, so it seems that choosing Dr. Morgentaler to receive the Order of Canada, an honour which is supposed to be symbolic of Canadian pride and unity, is both insensitive and inappropriate.
Any thoughts?
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5 comments:
Your last sentence I think is an understatement. How can you bestow an honour that is supposed to be reserved for those who have "enriched the lives of others and made a difference to this country" on someone who has been so controversial and has a criminal record? He was in jail for 10 months at one point for his illegal abortions. Those who have been convicted of a criminal act subsequent to receiving the honour have been striped of it but if the criminal act comes before the order its OK?? That doesn't seem to make any sense.
I didn't know Canada had no abortion laws.
And without having spent much time considering the topic, it gladdened me to hear that there were no laws governing that situation. I think that the hipocratic oath and current hospital regulations are sufficient enough to ensure that considerable forethought is given before a fetus' life is ended in order to save the mother's.
I don't think there needs to be a law on the matter.
Oh, and Ben, laws change - and as a result Morgentaler spent 10 months in prison for breaking a law that was reversed. So he did time in order to change thinking. And I think that makes a whole lot of sense.
It's like going to jail for helping free slaves and then seeing slavery abolished. Suddenly you are in jail for a crime that is no longer a crime.
As you have stated, and as we all know, abortion is a highly controvertial issue. There are zealots on both sides of the argument, but there is no clear solution. While I feel that it is maybe out of place for a man to make the call for abortion, I do have an opinion on the subject. I feel that abortions are justifiable on a case-by-case basis. There are instances such as pregnancy due to rape, or the financial or mental incapability of the mother to raise a child that would justify a potential abortion. This opinion is solely based on research of the subject.
As for Morgentaler, some may see him as some-what of a hero. Others, naturally, as a murderer. Neither are appropriate titles, in my opinion. It is fair enough to say that he may very well have helped many young women in need of desperate help. In turn, he may have prevented many children from having unbearably difficult lives.
Although, he may also have performed many unnescessary procedures. It is very hard to say. Nevertheless, he it is quite probable that he helped a lot of people.
It does not, however, seem appropriate for him to receive the Order of Canada. Although it could be argued that he did, in fact, enrich lives and make a difference to the country. Nevertheless, Canada should have instead quietly acknowledged his past work.
Forgive me for taking the position of devil's advocate.
Re: “ Canada remains the only western nation to have NO abortion laws whatsoever ...”
Aborting a child is unlawful in Canada.
Section 223 of the Canadian Criminal Code refers to “a child before or during its birth”. The author of Section 223 admits that a “child” in the body of its mother is in “a living state”.
Section 218 of the Canadian Criminal Code states:
“Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.”.
It is unlawful in Canada to abandon or expose a child so that its life is endangered.
Aborting a child involves abandoning or exposing a child so that its life is endangered.
Thus, aborting a child is unlawful in Canada.
People should have the “right to choose” to enforce Section 218 of the Canadian Criminal Code.
There is no doubt that abortion is a very controversial topic. I personally think it is a good thing that Canada does not have any abortion laws. As a pro-choice advocate myself, I believe that a woman should have the right to choose whether or not she should have an abortion, and the option should be available to her regardless of her situation. A woman should not have to justify her reason for wanting an abortion to strangers, and these individuals should not be able to decide her faith for her. I fully support the court's decision to invalidate the 1969 abortion law because I agree that it unjustifiably violates a woman's security of person.
I disagree that Canada is in need of a law that does not violate the constitutional rights of women because I do not think that there should be any form of abortion legislation at all. Furthermore, your comment that "most Canadians believe that there should be at least some restrictions on when if not why or if a women should be able to have an abortion," really caught my attention. I do not think anyone should have a say or restrict a women from deciding whether or not she wants to bring a child into this world. There are many external factors that 'most Canadians' are unaware of and the decision should ultimately be made by the woman.
With regards to Dr. Morgentaler receiving the Order of Canada, I do believe that he made a significant difference to this country, but I am not sure that he enriched the lives of others. In my perspective, he provided woman with the ability to choose whether or not they wanted to have a child and he eliminated the problem of unwanted pregnancies. However, I am not convinced that he deserved the Order of Canada, which is supposed to be the highest honour.
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