(See more from J. Kirkintilloch at Sorepoints.com)
In Canada there has been a cold war on abortion ever since the 1988 Morgentaler verdict, where Canadian Supreme Court struck down law limiting a woman’s access to abortion. Prior to that, there was limited medically-approved access. Since then, there has been no limitations put on women seeking abortions. And in 1989, the ruling in the Chantal Daigle case further supported this, by denying that right of a father to have any say in whether a woman has an abortion. Successive governments with no political interest in reopening the debate has left Canada with no abortion regulation to this day.
Recently however, with the election of minority (socially) Conservative governments, the threat of this cold war warming up has increased.
Rod Bruinooge, a federal Conservative MP, recently entered the fray, claiming he was now chair of multi-party Parliamentary Pro-Life Caucus stating:“Canada has far greater protections for human kidneys than we do for human fetuses.”
The logic here was that in Canada, while you can’t sell organs, you can terminate a growing fetus at any time before it is actually born. He complains about a low birth rate resulting from a devaluing of children due to abortion, and references his part aboriginal ancestry as a source for his moral stance on this issue.
In response to this, I would like to say first that this comparison is fraught with ethical complications. Its true we don’t allow people to remove their “kidney and sell it on eBay to the highest bidder” but this has more to do with protecting poor people from exploitation. (You can’t sell blood in Canada, ‘paid’ surrogacy was banned in 2004, and you can’t sell sex either.) This also means that wealthy people can’t jump the queue in organ transplants dooming poor people who need the transplant more urgently.
As to population issues, most things I have read point to affluence and access to birth control, as the leading cause of low birth rate, not abortion legislation. And really, unless you have a problem with immigrants filling the gap, low birth rate is not a real problem.
Abortion rights are also more complicated, as they arguably involve two biological entities, mother and fetus. I won’t argue the ethics of abortion here, suffice it to say, I don’t think government should force a woman to carry a baby she doesn’t want to term.
Bruinooge also states “Most Canadians would also agree that an unborn child in the ninth month of gestation, moments away from delivery, should not be eligible for an elective abortion. However…it is in fact legal.”
Legally, its true, there is no limit on abortion. This medical procedure could be done, even at the very last minute of pregnancy. Now, fact is, this simply doesn’t happen. There are cases of later term abortions due to non-viable fetuses (those that are confirmed will die shortly after birth) and direct threats to the mothers life, but the vast majority of abortions are done very early on.
So do we need a law? One could make the argument that however uncommon irresponsible late term abortions are, we should still, as a society, clearly define where we stand on this important issue. The problem is, there is a very good reason that government after government since 1988 has avoided dealing with this issue. It a political hot potato, that is both controversial and involves radical factions that have no interest in compromises. Some Pro-choice advocates will argue ANY law that recognizes the fetus as anything more than a cancerous tumor damages a woman’s right to choice. On the other side the Pro-life advocates are indeed looking for a wedge issue with which to push for as many legal restrictions as possible, effectively making abortion inaccessible and/or illegal, for as many Canadian women as possible.
In the end any politician who advocates reasonable and moderate bioethics is going to be attacked from both sides. Birth is the standard, birth is the physical event that we all agree results in two human beings. Even if, you believe as I do, that the ethics of late term abortions are something we should rationally debate, the reality is, very few people have any interest in being rational on this issue.