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Pro-Choice or Pro-Life, Canada Needs a Clear Ruling on Abortion

Posted: 09/26/2012 7:44 am

One of the most contentious issues facing the 41st Parliament has nothing to do with law and order or fiscal restraint. It has nothing to do with the procurement of stealth fighters or environmental stewardship. One of the most contentious and potentially divisive matters before the 41st Parliament is Motion 312, filed by my colleague, the MP for Kitchener Centre, Stephen Woodworth.

The Motion seeks to set up a Special Parliamentary Committee to examine the 450 year old definition as to when human life begins. The Criminal Code currently states that a child becomes a human being when "it has completely proceeded, in a living state, from the body of its mother whether or not it has breathed, it has independent circulation or the naval string is severed." Woodworth believes this definition is inconsistent with modern medical technology and would like to re-examine it. He states his motion is not an attempt to re-open the abortion debate. But his argument is specious in that regard. If he gets the answer he wants (that human life begins sometime before complete birth), what is he going to do with that information except to use it to re-open the abortion debate?

My feelings on the abortion issue are complex and have evolved over time. I have strong libertarian values, which would suggest that I should be comfortable allowing a woman to control her own body. However, family members, who have struggled with reproductive challenges, have taught me the intrinsic value and preciousness of human life. For the reproductively challenged, an unwanted pregnancy is inconceivable, as they languish in queue for years in order to adopt an "unwanted child."

I have come to the conclusion after years of deliberation and inner debate that I am both Pro-Choice and Pro-Life. That does not make me bi-polar; it means that this matter extremely complicated, with multiple methods of examination, resulting in potentially polarizing conclusions.

I am, in my personal life, pro-life. I believe that all life has value and struggle with the notion (after having seen ultrasounds of pregnant women) that a fetus, not completely exited from its mother, is not human life.

However, and it's a big however, I am mindful that many, many, people disagree with this. I understand and respect their arguments and do not impugn their motives. As I am tolerant towards individuals who feel differently, I am prepared to allow them the freedom to choose differently than I would if in their circumstance. In that regard, I am pro-choice. I am not prepared, as a legislator on this contentious issue, to impose my opinion on others; although, ultimately I would hope that they will choose life.

This brings us to Motion 312. There is a vacuity in Canadian law which I believe Parliament must address. When the Supreme Court of Canada (SCC) struck down Canada's abortion law in 1988, the issue was, in fact, not settled. The then law was struck down due to procedural inconsistencies from varying hospitals' Therapeutic Abortion Committees. The Court expressly invited Parliament to draft an abortion law that was fair, reasonable and consistently applied across the country. Parliament attempted this seemingly impossible task in 1991 and although a bill passed the House of Commons, it was narrowly defeated in the Senate.

A void exists in Canadian law regarding this issue; Canadians are perhaps unique among western democracies in that we have neither sanctions nor regulations approving abortion or the rights of fetuses. The void in Canadian law means there are currently no legal restrictions regulating the process. Theoretically, a very late term procedure, if performed, would not attract criminal sanction.

Governments and Parliaments have been reticent to deal with this issue given how controversial and divisive the issue can be. Families and even political parties, who normally agree on everything, find themselves in bitter disputes debating the rights of the unborn versus the rights over one's own body.

Accordingly, given how divisive this issue is, I concede that if the matter were settled, it ought to remain so. However, this matter has never been settled in Canada; at least not since 1988 when the SCC ruled in R. v. Morgentaler. So Parliament must do what the Supreme Court invited it to do in 1988: fill a vacuity in Canadian law, no matter how divisive and polarizing that debate will be.

 

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One of the most contentious issues facing the 41st Parliament has nothing to do with law and order or fiscal restraint. It has nothing to do with the procurement of stealth fighters or environmental s...
One of the most contentious issues facing the 41st Parliament has nothing to do with law and order or fiscal restraint. It has nothing to do with the procurement of stealth fighters or environmental s...
 
 
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10:26 PM on 10/17/2012
Why waste so much time dealing with the issue of abortion. A woman's body is hers and it is her right to chose, no one else. I wish these do-gooders Pro-life movement get off their butts and do something about the children that are alive, homeless, starving, homeless. What about the children around the world who need us, what about thinking abou them and their needs. We really do have a bunch of hypocrites when it comes to these big mouth do gooders. What good are they to the living children?
03:35 PM on 09/27/2012
We have had clear rulings on abortion in Canada- most of the provincial courts in Canada, previous federal governments, provincial governments have also had their say and The Supreme Court of Canada has also rendered their verdict.
And I would venture that the Supreme Court of this country has the final say!
In short, its over and done with-so crawl back under your rock or wherever you came from and quit trying to control peoples lives!
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relentless63
02:30 PM on 09/27/2012
There's a vacuity, but not in the law.
markhahn
rational progressive
01:22 PM on 09/27/2012
No. The problem is that tighter rules will only cause more offense. We currently agree only to disagree, and that is literally NEVER going to change.
01:16 PM on 09/27/2012
You cannot be both pro-choice and pro-life. Your views (as you've stated them) may fall under pro-choice, although your views about the right of a woman to control her own body could use some education. I struggle to believe you actually think a woman should have control of her own body, since you all but stated a woman with an unwanted pregnancy should be a vessel for those waiting for babies to adopt. Ludicrous. That aside, by trying to say you're "both", you're choosing to give a non-answer to the abortion rights question. Sorry, there is no option C on this exam.

What you would do personally is irrelevant to the right to choose. More so irrelevant since I assume you are of the male sex. Furthermore, in Canada, this is not nearly as divisive of a matter as you would like to think - as made clear by these idiotic motions being shot down without question.
12:27 PM on 09/27/2012
Unlike the US acquired rights and laws are NOT debatable they have been acquired conversation over - Move on!
09:59 PM on 09/28/2012
That's not how democracy works. Take slavery for example, it was one's "right" to own slaves, the civil war was fought over this. In the end that right was taken away. The fact that slave owners "had" that right at the time didn't at all mean that the conversation was over.
12:08 PM on 09/27/2012
Canada has a clear ruling on abortion. It just isn't the ruling Harper and company want, and so, the ongoing religion-based crusade to overturn it.
11:33 AM on 09/27/2012
Actually, this would not be divisive at all if people like Mr. Woodworth and Rathgeber would just mind their own business and quit trying to interfere in decisions which are best left to women in consultation with their doctors.

Canada does not need the poison of an abortion debate infecting its system. That happened in the USA starting in the 1980 presidential election and it has been a signficant factor in creating the warped, bitter, hateful political polarization that exists there now.
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10:24 AM on 09/27/2012
"There is a vacuity in Canadian law which I believe Parliament must address."

How about the child poverty "vacuity"? How about you guys concentrate on BORN children?

Go here and read: http://www.conferenceboard.ca/hcp/details/society/child-poverty.aspx
10:07 AM on 09/27/2012
Hey Brent...seems you guys lost the vote eh?? Too frikkin bad..sucks to be a neo con at time eh??
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Cynthia Dudley
08:52 AM on 09/27/2012
The current law is right. The mother should be left to make decisions during pregnancy, just as she will after. As much as I feel for infertile couples- nothing gives them the right to impose themselves into this situation and definitely the LAW should not preference them over the mother and her medical decisions.
07:13 AM on 09/27/2012
"""""I have come to the conclusion after years of deliberation and inner debate that I am both Pro-Choice and Pro-Life."""""

no kidding, and you want a law to clarify the issue ????----which part of you will oppose the law??
06:58 AM on 09/27/2012
I don't see why this "void" in the law Mr. Rathgeber perceives needs to be filled at all. Since 1988 women have been left alone on this issue. Is there evidence that leaving this choice in the hands of women in their child bearing years has had some enormous societal cost? What is the issue that needs to be nailed down in law? What is it the Mr. Rathgeber feels women are doing wrong on this front? What does he hope to change in women's behaviour by creating a new law regarding reproductive health?
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06:50 AM on 09/27/2012
We already have a clear ruling for those with eyes open. Why stir the pot. This article begs the question. . .

I have never languish or sat on the fence like Brent Rathgerber on this issue. It is a woman's body and she should have the final word. I believe this author and his colleague Stephen Woodworth have other motives beyond science and legal process.
06:23 AM on 09/27/2012
In a free and democratic society, the only uterus you should be able to control is your own. No uterus? No choice. Keep your Bronze Age dogmas to yourself.

Every child should be a wanted child. No child should be a "consequence" or punishment to a woman for having sex like a normal human being. If you listen to these anti-choicers talk long enough, you'll notice this very contempt-ridden desire to punish women for what they think is immoral behaviour (notice, also, that this same standard does not apply to the men they are sleeping with). At the heart of the issue is a deep-seated hatred and distrust of women (and in some cases, OTHER women as a lot of right wing women have an almost Stockholm Syndrome-way of looking at the world). Until women are free to make their own decisions and not have their bodies essentially taken hostage by other people and forced through pregnancy and childbirth (and all the related complications that come with), then women will never be free.