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Morgentaler History 14 Final Bw MEDICAL STUDENTS FOR CHOICE® A Chronology of Choice in Canada WHEN CHOICE WAS ILLEGAL • The Canadian Parliament banned abortion completely in 1869 under threat of life imprisonment.1 • In 1892, the sale, distribution, and advertisement of contraceptives was prohibited by federal law.2 • These illegal abortions were often performed by an untrained physician in unsanitary conditions using primitive methods.3 THE PRE-MORGENTALER ERA: THE 1960’s AND 1970’s • By the 1960’s, it was estimated that anywhere from 35,000 to 120,000 abortions were being performed every year.4 • In 1969, a woman was permitted to obtain a therapeutic abortion if a hospital committee deemed that continuing the pregnancy would endanger the woman’s life or health.5 Also in 1969, contraception was legalized in Canada.6 • Between 1970 and 1973, several charges were laid against Dr. Henry Morgentaler after he released a public statement that we was performing abortions. These abortions were safe, but illegal in the sense that they were performed in clinics, without committee approval. 7 • Though a jury acquitted Dr. Morgentaler of the charges, the Quebec Court of Appeals overturned the jury verdict and found Dr. Morgentaler guilty in April 1974. In 1975, Dr. Morgentaler began to serve 10 months of his 16-month prison sentence, during which time he suffered a mild heart attack.8 • In September 1976, Dr. Morgentaler was acquitted of all charges: this was the third jury to deliver a verdict of not-guilty in his case.9 THE MORGENTALER DECISION • On January 28, 1988, in the case of R v Morgentaler, the Supreme Court of Canada struck down Canada’s abortion law (section 251 of the Criminal Code), ruling that it was unconstitutional. The Justices found that the law violated Canada's Charter of Rights and Freedoms because it infringed upon a woman's right to “life, liberty and security of the person.”10 o “[The current Abortion Law] clearly interferes with a woman’s physical and bodily integrity. Forcing a woman, by threat of criminal sanction, to carry a foetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference with a woman’s body and thus an infringement of security of the person.” - Chief Justice Dickson, 1988.11 FOLLOWING MORGENTALER • In 1990, Bill C-43, legislation aimed at recriminalizing abortion in Canada, passed through the House of Commons. The bill was sent to the Senate, where it was defeated. Abortion was viewed as a legal medical procedure, subject to provincial and medical regulation after this legislative victory. 12 • In the 2004 federal election, abortion became an election issue again after several years out of the media. • Upon launching the Moskoka Initiative, the 2010 G8 governmental summit in Canada identified maternal and child health as a development priority. The initiative specified its promotion of “comprehensive, high impact and integrated interventions,” including “antenatal care; attended childbirth; post-partum care; sexual and reproductive health care and services, including voluntary family planning.”13 • Abortion remains a politicized topic in Canada even though the government’s health policies allow for abortion and family planning. 1 Canadians for Choice. Historical Background. http://www.canadiansforchoice.ca/historicalbackground.html. Accessed December 13, 2013. 2 Ibid. 3 Ibid. 4 Pro-Choice Action Network. A Legal History of Abortion in Canada. http://www.prochoiceactionnetwork-canada.org/abortioninfo/history.shtml. Accessed December 13, 2013. 5 National Abortion Federation Canada. Legal Abortion in Canada. http://www.prochoice.org/canada/legal.html. Accessed December 13, 2013. 6 Pro-Choice Action Network. A Legal History of Abortion in Canada. http://www.prochoiceactionnetwork-canada.org/abortioninfo/history.shtml. Accessed December 13, 2013. 7 Canadians for Choice. Historical Background. http://www.canadiansforchoice.ca/historicalbackground.html. Accessed December 13, 2013. 8 Pro-Choice Action Network. A Legal History of Abortion in Canada. http://www.prochoiceactionnetwork-canada.org/abortioninfo/history.shtml. Accessed December 13, 2013. 9 Ibid. 10 Canadians for Choice. Historical Background. http://www.canadiansforchoice.ca/historicalbackground.html. Accessed December 13, 2013. 11 National Abortion Federation Canada. Legal Abortion in Canada. http://www.prochoice.org/canada/legal.html. Accessed December 13, 2013. 12 Pro-Choice Action Network. A Legal History of Abortion in Canada. http://www.prochoiceactionnetwork-canada.org/abortioninfo/history.shtml. Accessed December 13, 2013. 13 Muskoka 2010 G8 Summit. Muskoka Declaration: Recovery and New Beginnings. http://www.g8.utoronto.ca/summit/2010muskoka/communique.html. June 26, 2010. .
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