UPDATE: My stars and stripes are showing; turns out the Morgetaler anniversary is on Monday.
Today On Monday, Canadians celebrate the 20th anniversary of the Morgentaler decision, which struck down Canada’s anti-abortion laws and ended the prosecution of Dr. Henry Morgentaler. And there’s a lot to celebrate — including Dr. Morgentaler himself, who is a pretty impressive man.
Morgentaler, a Polish Holocaust survivor who earned his medical training in Germany after being released from Auschwitz, came to Canada after med school graduation (he opposed Zionism and turned down a chance to live in Israel). He worked as a general practitioner in Canada, and began to see the damage illegal abortion did to women — and so he advocated for changing the laws, and began performing illegal abortions himself. Morgentaler eventually opened Canada’s first abortion clinic. He was arrested in 1970, tried, but acquitted by a jury. The acquittal was overturned, so he appealed, and was acquitted again. He was tried again in 1983, and this time the case went up to Canada’s Supreme Court. The Court held that the law under which Morgentaler was convicted was unconstitutional, ending most statutory restrictions on abortion in Canada.
Morgentaler was the victim of anti-choice terrorism in 1992, when his Toronto clinic was bombed. He wasn’t hurt. He won another Supreme Court case in 1993, this one about abortion regulations in the provinces. And he is currently working on opening two abortion clinics in the Canadian Arctic, in order to increase access to abortion services for women who live there. The slogan of his Ontario clinic is “Every Mother a Willing Mother, Every Child a Wanted Child.”
But, just as is the case with their neighbors to the south, Canada is in less-than-perfect shape when it comes to abortion rights. Their problems, though, are different from ours, as is their justification for abortion rights. Just check out what their Supreme Court said about abortion:
As the late Madam Justice Bertha Wilson wrote in the judgment, a woman has a right to continue or terminate a pregnancy, free of state interference.
No law is necessary because no law can do justice to this deeply personal decision.
“It is not just a medical decision,” Judge Wilson wrote. “It is a profound social and ethical one as well. It asserts that a woman’s capacity to reproduce is to be subject not to her control, but to that of the state.”
Read More…Read More…