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Even Harper Knows Motion 312 Won't Pass

Posted: 09/17/2012 4:04 pm

Motion 312 -- a motion put forward by a backbencher from Kitchener Waterloo asks our Canadian government to strike a parliamentary committee to "review the declaration in Subsection 223(1) of the Criminal Code which states that a child becomes a human being only at the moment of complete birth and to answer the questions hereinafter set forth..." The questions MP Woodworth would like this committee to "answer" primarily concern medical opinion and legal precedent on when life begins and the options available to Parliament to potentially change that.

In the motion itself, there is a key phrase Woodworth includes "the preponderance of medical evidence consistent with ... a child is only a human being at the moment of complete birth." This is particularly interesting because the committee Woodworth is suggesting is not made of medical professionals. Medical professionals made it quite clear where they stand when the CMA passed a resolution in August of 2012 to maintain Subsection 223(1).

The Prime Minister himself has said he will not open the abortion debate. This goes as far as the PMO working to strongly encourage members of parliament to vote against Woodworth's bill -- though that doesn't look to be stopping some members. If Prime Minister Harper is not interested in opening the abortion debate, and if this was only a private member's motion to create a committee -- the least threatening and most common of all government workings, then what makes M312 important?

PM Harper is not interested in opening the abortion debate because he knows he, and the Conservative Party of Canada, will lose. It is not an issue in Canada that anyone is interested in fighting a political war over. The ground breaking R vs. Morgentaler, the 1989 case Tremblay v. Daigle and others have set strong legal precedent.

In both these cases, the Supreme Court did not decide whether or not abortion should be available in every clinic or whether or not a fetus is a life. What these cases substantiated was the right to choose and that the choice is the women's own. As stated in the R. vs. Morgentaler decision, "the right to "liberty" contained in s. 7 guarantees to every individual a degree of personal autonomy over important decisions intimately affecting his or her private life. Liberty in a free and democratic society does not require the state to approve such decisions but it does require the state to respect them."

M312 matters because it is an attempt to limit liberty for one particular group of citizens. It is an attempt to limit the freedoms Canada's citizens have. It is an attempt to limit a women's right to choose. Canada's freedoms and it's citizen's rights should not be based on religious values and individual moral beliefs. They are based on the freedom to make a choice, on the principle that everyone should have that freedom in its most basic form.

Women in Canada have the freedom to choose. It is a beautiful thing, and a right too many women do not have. Due to legal restrictions in many countries, one in 10 pregnancies end in an unsafe abortion. These unsafe abortions often end in medical complications, great pain and in some cases death of the woman undergoing the procedure. This is due to a number of factors regarding gender rights -- complicated issues that many books have been written about, but when people are put in impossible situations they act in rash and desperate ways.

The freedom women have in Canada comes with a price. It comes with the price of consciousness. It comes with the constant struggle to uphold those freedoms and a necessary vigilance

It also comes with a moral stigma. Should a woman get pregnant through means that are damaging and unhealthy, or for any other reason, it is her choice to carry that fetus to term. It is her choice and her responsibility to make that incredibly difficult decision. Who has the right to make that choice for every woman in the country? Further, who has the right to deny a medical procedure regardless of circumstance or medical opinion?

Our legislative, legal and medical bodies have acknowledged women can make that choice for themselves. Our society has come together in a significant way to show a great deal of respect for women, to very firmly acknowledge not only the capacity but the ability to make that choice in a responsible manner.

This is why M312 matters. It aims to take that away. It aims to slowly claw back the freedom and the control a person has over their body. Women are persons. They are persons under the law and they have the same rights any person does. That right includes deciding what medical procedures are necessary for their well being. The beauty about democracy is it above all upholds those personal freedoms. Just as MP Woodworth's, and all other members' constituents, had the choice to vote for whom they thought would best represent them; a woman has a choice to access medical support for what she thinks will best allow her to live in a healthy and responsible manner.

The freedom, while there legally, is still restricted. It is a province's wherewithal to deal with access to medical services and Canada has seen a steady decline in access since 1982. In 2006, Canadians for Choice showed that 15.9 per cent of hospitals in Canada offered abortion procedures. Prince Edward Island doesn't have one clinic a woman can go to, and they haven't since 1982.

Everyone has choice. Often those choices are difficult. Often they come with consequences. However, everyone should the right to make those choices for themselves -- parliamentarians should have no business legislating the bodies of their constituents.

 

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Motion 312 -- a motion put forward by a backbencher from Kitchener Waterloo asks our Canadian government to strike a parliamentary committee to "review the declaration in Subsection 223(1) of the Crim...
Motion 312 -- a motion put forward by a backbencher from Kitchener Waterloo asks our Canadian government to strike a parliamentary committee to "review the declaration in Subsection 223(1) of the Crim...
 
 
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09:08 AM on 09/18/2012
Isn’t it possible that non-religious people have concerns about how a human life is defined, or when that life officially begins. To assume only those who believe in a god care about this is offensive. It seems to me that there is a fear that to concede the definition of human life may begin before delivery is to undermine women’s rights and set us back. But aren’t we at risk of elevating one life over another?

Anyway I can’t help but wonder, if a baby can be born weeks or even months early and still live, doesn’t that call into question the notion that being inside the mother somehow means they are not human, and have no rights. This doesn’t seem like a women’s rights issue but rather a human rights issue. One that I still think we need to give a lot more thought to.
02:56 PM on 09/19/2012
Babies that are born months early require special medical equipment to keep them alive until they are sufficiently developed. They aren't released on the same schedule as babies born on time or late. Without that equipment, the survival rate would plummet.
05:28 PM on 09/19/2012
Its amazing that we have this technology, because you're right, they would likely die without it. But are you saying that dependency on medical equipment, and stage of development define humanity? I depend on an insulin pump, or insulin in some form. Does that make me less human than a person who does not require these things? What about people with mental or physical disabilities? Would their level of development mean they are less human? Surely this kind of reasoning can’t be applied to a baby in the womb if its unthinkable to use this reasoning to a baby outside the womb.
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CarlyQ
Without followers, evil cannot spread.
08:14 PM on 09/20/2012
Last I checked, women were human and they don't have any more obligation than you do to donate their blood, bone and tissue for the benefit of someone else, particularly when doing so risks their own life.
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CanadaStan
Cogito ergo spud, I think, therefore I yam
06:57 AM on 09/18/2012
Every other civilised country in the world has a definition, why are the pro-abortion folks in Canada so dead set against it?
03:10 PM on 09/18/2012
I am still trying to figure out what countries are "civilized"?
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HUFFPOST SUPER USER
Zozzer
Dum Spiro Spero - While I breath, I hope.
12:51 AM on 09/18/2012
There is no reason to reopen this debate. Motion 312 will open a painful and acrimonious debate which relies more on emotion and religion than on science. This is the kind of debate that Canadians feared when the Harper Conservatives came to power, and one that they have wisely steered clear of up to now.
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09:49 PM on 09/17/2012
it's time to talk frankly about abortion, what it is, what it does to the mother, father, families and society at large, the consequences of 'choice' in light of latest scientific advances. reasons for abortions aka 1970s are a thing of a past.
01:02 AM on 09/18/2012
Really...that's fascinating...do go on and provide us all with the "latest scientific advances" will you? Do let the nation know why women no longer require that silly constitutional right of "security of the person" please! What, pray tell, exactly does abortion do to "society at large"...can't wait to be enlightened :P
07:26 PM on 09/18/2012
you can see what's going on in the womb with very precise details due to the technology as supposed to 40 years ago. and based on that knowledge it is very evident we are not talking about dead 'clump of cells'. fetus is a living organism that responds to certain stimulii.  so let's acknowledge this at least and stop pretending that nothing changed since 1970s
01:12 AM on 09/18/2012
Yes, you are totally right. Let's please talk about the "latest scientific advances". Let's please talk about what it does to "mother, father, families and society at large". Can we please have legitimate discourse on the subject? Can you please post the studies that prove all the "(sic)reasons for abortions aka 1970s are a thing of a past. (sic) Can not wait to be enlightened by your brilliance :)
07:27 PM on 09/18/2012
the brilliance is in the technology -3D technology to observe a fetus, DNA knowledge of a fetus that makes it a unique being, etc.  only ignorants can claim that nothing changed in the last 40 years.
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Gnomish
ego doctus ignarus
06:04 PM on 09/17/2012
Not Pro life ...Pro Birth once the kid is whelped they couldn't give a damn what happens to it.
They just seem to breed to fill the Army.
08:43 PM on 09/17/2012
That's rude and patently untrue.
01:14 AM on 09/18/2012
That's neither rude nor untrue, there is a strong correlation between a pro-life belief and an anti social service attitude.
10:06 AM on 09/18/2012
Really Bob, and do you support universal day care or early childhood education. Are you ok with your tax $$$$ going to these things? Do you complain and rant about single moms on welfare and resent them?? These are important to the child AFTER it is born.
01:05 AM on 09/18/2012
Yup, well said Gnomish...how is it the same people that hate abortion also hate the social programs that would facilitate it's demise..hmmm? Kinda the same kind of cognitive dissonance that comes with being pro "life" and pro "capital death penalty"?
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Angelo Barovier
I came, I saw, I ate the cheese.
08:17 AM on 09/18/2012
You're basing your argument on a terminological contradiction which is incidental to the substance of the attached discussions. It is a comical contradiction but otherwise irrelevant.