16 Years Later, Still No Abortion Law
Parliament Can and Must Act

We live with a terrible reality in Canada. Unlike any other modern democracy, there is no law regulating abortions at any stage of pregnancy. A pregnant woman can get an abortion at any time, for any reason, at any stage of pregnancy.

For all 9 months, indeed at any time, even during child birth, the unborn child has no rights in criminal law. The Supreme Court has consistently ruled that Parliament must act for the unborn to have any rights. Find someone of good will but with no involvement in the pro-life movement, and tell them that the unborn in Canada may be aborted at any stage of pregnancy, including during the very birth process itself. You may be surprised (and uplifted) by their response.

How Did We Get Here

In 1988, the Supreme Court of Canada ruled in the Morgentaler case that due to the procedural unfairness of the laws regulating access to abortion, these restrictions were being stuck from the Criminal Code. However, in the 3 decisions representing the majority and the 1 decision for the minority, none of the 7 justices found a constitutional right to unrestricted abortion. Moreover, all 4 decisions clearly stated that Parliament had a right (and the obligation) to regulate abortions to protect the rights of the unborn.

No Constitutional Right To Abortion

In a well-publicized Montreal speech last year, Jean Chretien insinuated that the abortion issue has been settled by the courts when he stated, "We don't have big debates on the rights of abortion because we decided a long time ago in Canada it is the choice of women, which is not the case in a lot U.S. states." http://www.lifesite.net/ldn/2003/may/03051601.html

Likewise, at a speech to a Quebec Liberal women's group leading upto the last federal election, Chretien stated: "There was a decision in 1988 of the Supreme Court [striking down Canada's abortion law]. We have had social peace in Canada on the question of abortion" (http://www.lifesite.net/ldn/2000/nov/001106.html).

This is, like many other convoluted things he stated over the past 12 years as prime minister, not true. Unlike the United States, our Supreme Court has not established a constitutional right to abortion. Our Supreme Court has consistently insisted in multiple cases that the rights of the unborn may be protected by Parliament.

In the multiple decisions that constituted the majority in the Morgentaler case, then Chief Justice Brian Dickson and Justices Beetz and Wilson each stated Parliament had the right to regulate abortion. The Chief Justice stated, "Protection of foetal interests by Parliament is … a valid governmental objective" (p 38, Dickson) Likewise, J. Beetz wrote: "I am of the view that the protection of the foetus is, and as the Court of Appeal observed, always has been, a valid objective in Canadian criminal law…" (Beetz, p. 56) These two writers represented four of the seven justices.

The preamble to the decisions clearly found there is no constitutional right to abortion when it stated: "The proposition that women enjoy a constitutional right to have an abortion is devoid of support in either the language, structure or history of the constitutional text, in constitutional tradition, or in the history, traditions or underlying philosophies of our society" (p. 39)."

LeMay and Sullivan Case

In 1991, the Supreme Court ruled that the unborn child had no rights under Canadian law. Two midwives were charged with criminal offences when their efforts resulted in the death of a child during birth.

The British Columbia Court of Appeal, in the decision upheld by Chief Justice Antonio Lamer in the Supreme Court decision of March 1991, stated that the unborn child, even during birth, has no rights in Canadian law because Parliament has refused to act since the 1988 Morgentaler decision. The Court stated: "If Parliament considers it appropriate to protect a child during the birth process from criminally negligent acts by those attending and assisting at the birth that is a matter upon which Parliament can legislate". Consequently, because Parliament has not acted, there is no protection for the unborn at any stage of pregnancy, including during the birthing process.

Conclusion

This election, when considering the issues presented, if you think that the unborn child deserves protection at some stage of his development, including in the last 3 months of pregnancy or during birth, you must act on these convictions and challenge your local candidates about what action they will take to protect the unborn. Parliament has refused to act on life issues, and has allowed the Courts to create our terrible legal situation whereby an abortion can be bought for any reason, at any time of pregnancy.