Abortion

J.B. Peikes, Emma Rinaldo, & Jordan Shefsky

And Now…our independent film

It’s Only Life, Laugh

The Law

"If you like laws and sausages, you should never watch either one being made."

Otto von Bismarck

1892: Parliament enacts the first Criminal Code, which prohibits abortion and the sale, distribution, and advertisement of contraception;

1967: A federal committee considers amendments to the Criminal Code on abortion;
1969: Parliament passes amendments to Section 251 of the Criminal Code, decriminalizing contraception, and allowing some abortions under certain conditions;
1969: Dr. Henry Morgentaler defies section 251 of the Criminal Code and performs abortions in his medical practice in Quebec;
1976: The Quebec government drops all further charges against Morgentaler;
1988: The Supreme Court of Canada strikes down Canada's abortion law as unconstitutional. The law is found to violate section 7, "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
Chief Justice, Brian Dickson, wrote: "Forcing a woman, by threat of criminal sanction to carry a foetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference with a woman's body and thus a violation of her security of the person."; So, now, abortion is legal in Canada.
1989: The Supreme Court of Canada refuses to decide on the claim of Joe Borowski that fetuses have a constitutionally guaranteed right to life, saying his case was moot, due to the abortion law being struck down; Also, Dr. Morgentaler sets up another clinic in Halifax to provide service for Atlantic women.
1990: The House of Commons passes Bill C-43 and the legislation is sent to the Senate for approval.

1991: The bill is narrowly defeated by the Senate in a tie vote. Abortion is now treated like any other medical procedure.

Dr. Henry Morgentaler

•In 1969, Dr. Henry Morgentaler emerged as one of Canada's most controversial figures when he broke the law and opened the country's first abortion clinic. Over the next two decades, the Montreal doctor would be heralded a hero by some Canadians and be called a murderer by others as he fought to change Canada's abortion laws.

Dr. Henry Morgentaler: Fighting Canada's Abortion Laws

In 1988, the Supreme Court of Canada struck down Canada’s abortion law, declaring it unconstitutional. For years before that and in the years since, Dr. Henry Morgentaler has worked tirelessly to promote the rights of women to abortion. This marked a major turning point for Canada and Dr. Morgentaler, for any abortion clinic is now legal and in some cases, government funded.

Are you a pro-lifer or for the woman’s rights?

Please think of these carefully:

•Pregnancy might become a threat to life or health of the mother

•Might be a result of rape or incest

•Mother may fear that she may be unable to cope with the child

•May simply be unwanted by mother

•Parents and doctors may have concluded that there is a substantial risk the child will be born with severe mental or physical disabilities

•The abortion may be requested for what might be called reasons of convenience

i) Pregnancy might conflict with the lifestyle of one or the other parents

ii) Amniocentesis may indicate that the child that has been conceived is not of the desired sex

Other issues to think about:

•The father

•Abortion as a form of birth control

•Welfare of children

•Where does the medical profession fit in

•Where does the Government come in

•Religion

Today, in Canada, the reality

Abortion is not equally available across the country. Some hospitals simply refuse. However, Quebec encourages and provides many abortion clinics. Many of the other provinces have not and probably will not follow Quebec. This shows this ongoing debate of abortion in our country.

Another case: Joe Borowski

•In Sept. 1978, Borowski’s lawyer, Morris Shumiatcher, filed a statement of claim to the effect that the amendment to Section 251 of the Criminal Code which, in effect, allowed abortion on demand, violated the 1960 Canadian Bill of Rights which recognized the “right to life, liberty and security of the person.” Also sought was a permanent injunction to prevent the Finance Minister of Canada from providing funds for abortion.

•After years of jurisdictional squabbles, Borowski’s statement of claim made it to trial in May 1983.

•1989: The Supreme Court of Canada refuses to decide on the claim of Joe Borowski that fetuses have a constitutionally guaranteed right to life

•What did he achieve? Not what he set out to do.

What is the law’s role today:

* Abortion is not really controlled and is allowed, but is very controversial.

So, what can the Government do:

•Leave things the way they are.

•Make abortion absolute or get rid of it altogether.

•Define the law for when abortion is allowed and prohibited.

In conclusion:

Everyone has their own opinion about abortion, even the law. What’s yours?

Discussion Questions

Parenthood

1) What is the significance of the statement that Gil makes when he says “Women have choices and men have responsibilities”?

2) What moral issues are surrounding their abortion?

Cidar House Rules

3) Should we allow abortions that are under unusual circumstances, like with this young lady, all types of abortions, or none? Explain.

4) What role do doctors and society have in situations like this and in abortions overall?

High Fidelity

5) What role does the father have when it comes to abortions?

6) Should we ever allow for abortions that are done as a means of convenience or birth control?