GRSJ224/AbortionDebateinCanada
The Abortion Debate in Canada by Geoffrey Legg.
History
Canadian women officially gained the right to an abortion on January 28,1988 after years of debate and conflict(CBC News, 2017). It all began in 1892 with the Canadian Parliament passing their first criminal code prohibiting abortion, many whom believed the law had much influence from members of the rising medical profession(DeLorme, 1991). The next changes to the law did not occur until 1969. In 1969, the abortion law became less strict as Prime Minister Pierre Trudeau's government allowed abortion under certain circumstances; however these abortions would only take place if there was a threat to life or health of the mother and it could only be performed in a hospital after getting approval from a three person doctor's committee(DeLorme, 1991). This 1969 ruling showed the continued influence of the medical field in the abortion debate. The key figure in making abortion without restrictions into reality was Dr. Henry Morgentaler. In 1969 he tested the government by opening an abortion clinic which was in violation of the law as abortions were to only be carried out in hospitals. Over a period of about 18 years Morgentaler was repeatedly arrested in trying to make abortion completely legal to all(DeLorme, 1991). In 1982 the Charter of Rights and Freedoms was enacted(CBC News, 2017). This was key in ending Canada's abortion law. As on January 28, 1988, after one of Morgentaler's cases was appealed all the way up to the Supreme Court, the court struck down the abortion law as unconstitutional(CBC News, 2017). The law was struck down because it was in violation of the Charter, that the law "interfered with women's bodies and thus was a violation of her security of the person"(CBC News, 2017). In following years, there has been much protest at the individual level and also at the government level. Nova Scotia and New Brunswick banned abortion in clinics outside hospitals in 1989 and 1994, but the Federal government forced these provinces to reopen these abortion clinics(Long, 2016).
Present Day
Today, abortion is legal with no restrictions up to 24 weeks of pregnancy; however no physician in Canada can terminate a pregnancy over 24 weeks unless there are serious indications that the mother is at risk or that the fetus has very serious malformations(Russel, 2013). At all stages of pregnancy, abortion is publicly funded as a medical procedure under the Canada Health Act(Long, 2016). Access to abortion services seems to differ across the country as in New Brunswick private abortion clinics have been unable to obtain public funding, and as of 2016 no abortion services were available at all as of 2016. Much of the uproar from Pro-Choice supporters today is about the limited access to abortion in parts of the country. Today, according to the Ipsos Poll of 2016, 57% of Canadians endorse a women's right to choose, while only 3% believe abortion should never be an option(Russel, 2016).
Pro-Life
The "Pro-Life" side of the debate is centred around the idea that the fetus is equal to a human life, so is deserving of all rights that a person in society would have, therefore killing a fetus is equal to murder. They believe that adoption is a very viable option to abortion. Supporters also believe that those who choose abortions are young people or minors "with insufficient life experience" who don't fully understand what they are doing(Lowen, 2016). Pro Life supporters also explain their concerns about the effects of abortion, that it can result in medical problems later in life and that abortion frequently causes psychological problems(Lowen, 2016). One of the central debate topics between Pro-Life supporters and Pro-Choice is about the case of rape. In the case that one becomes pregnant due to rape, Pro Life supporters argue that abortion punishes the unborn child that committed no crime, that instead the person who committed the crime should be punished(Lowen, 2016). Much of the debate specific to Canada is about section 7 of the Canadian Charter of Rights and Freedoms. They argue that the right to life is protected by section 7 of the Charter, and since they believe a fetus is equal to human life; that abortion is thus violating this section of the Charter(Ayub, 2016). In recent years most of the Pro-Life protests and harassment has occurred in Ontario and B.C. which may be due to the governments in both these provinces openly supporting abortion(Arthur, 1999). While in the years since, the harassment and protests have resulted in numerous attacks targeting doctors who carried out abortions. The first of those targeted was Dr Garson Romalis who was shot in 1994 in Vancouver. Other similar attacks occurred in 1995 and 1997(Arthur, 1999). Even though much violence and protest has occurred, the 3% result in the Ipsos poll of those that believe abortion should never be permitted, may lead to less protest in the near future in Canada.
Pro-Choice
The "Pro-Choice side of the debate is centred around the idea that people should be free to live and make decisions about their lives without any government intervention and that the ability of a woman to have control of her body is central to civil rights(Ayub, 2016). Pro-Choice supporters have many responses to the arguments by the Pro-Life side. In response to the belief that a fetus is equal to human life; Pro-Choice supporters argue that nearly all abortions occur in the first trimester which means that the fetus is still attached by the placenta and umbilical cord to the mother(Lowen, 2016). Therefore the fetus cannot be considered a separate person equal to a human life as the fetus is dependent on the mother's health(Lowen, 2016). Supporters believe that adoption is not always a viable alternative as statistics show that few women who give birth choose to give up their babies(Lowen, 2016). As for the effects of abortion, supporters argue that the procedure is safe, and that like any difficult situation like abortion stress will occur, but statistics show that stress is greatest prior to the abortion(Arthur, 1999). As for the central debate about rape, Pro-Choice supporters argue that forcing a woman to give birth leads to more psychological harm than if they had an abortion and that the abortion helps these women regain their "bodily integrity" when they need it most(Lowen, 2016). In the case of the Canadian debate of Section 7 of the Charter, supporters argue that this section also guarantees the right to security, therefore making it illegal to force a woman into any activity without her consent(Ayub, 2016). In Canada according to the Ipsos Poll, the 18-34 age group are most likely to be Pro Choice, while Manitoba, Saskatchewan, B.C. and Quebec were the most Pro-Choice(Russel, 2016). The rise in support to 57% that endorse a women's right to choose which is up 10 percent from 2015 shows the vast support for the Pro-Choice side in Canada(Russel, 2016).
References
Arthur, Joyce. "Abortion in Canada." THE PRO-CHOICE ACTION NETWORK. N.p., Oct. 1999. Web. 3 Apr. 2017.
Ayub, Mahnoor, and Sarah Yassine. "The abortion divide: pro-life or choice?" The Medium. N.p., 05 Mar. 2016. Web. 4 Apr. 2017.
DeLorme, Lisa. "Gaining a Right to Abortion in the United States and Canada: The Role of Judicial Capacities." Berkeley Journal of Sociology 36 (1991): 93-114. JSTOR. Web. 1 Apr. 2017.
Head, Tom. "A Look at What Pro-Life vs. Pro-Choice Supporters Believe." ThoughtCo. N.p., n.d. Web. 09 Apr. 2017.
Long, Linda. "Abortion in Canada." The Canadian Encyclopedia. N.p., 2016. Web. 27 Mar. 2017.
Lowen, Linda. "10 Common Arguments For and Against Abortion." ThoughtCo. N.p., n.d. Web. 09 Apr. 2017.
News, CBC. "Abortion rights: significant moments in Canadian history." CBCnews. CBC/Radio Canada, 27 Mar. 2017. Web. 2 Apr. 2017.
Russell, Andrew. "6 in 10 Canadians support abortion under any circumstances: Ipsos poll." Global News. N.p., 09 Mar. 2016. Web. 3 Apr. 2017.
Russell, Paul. "Today's letters: Late-term abortions are not happening in Canada without a 'reason'" National Post. N.p., 5 Feb. 2013. Web. 6 Apr. 2017.