The A-Word

Why is it that we cannot have a sane conversation if the word ‘abortion’ comes up? It is a difficult moral issue of course, but so are others, from the death penalty to the balance governments must strike between freedom and equality, or freedom and security. Yet although debate on these issues is often heated, it seldom degenerates so much  as any public discussion about abortion quickly does.

Latest case in point, the debate on the motion presented by Conservative MP Stephen Woodworth to re-open debate about abortion in Parliament, on which the Globe reports here. Mr. Woodworth’s own rhetoric is of the worst you’re-with-us-or-you-like-pedophiles kind; he claims that those who disagree with his view that abortion should be criminalized “see the child as an object and an obstacle, even a parasite.” But his opponents are no better. Both the opposition and the government Whip, Gordon O’Connor, invoke the spectre of back alley abortions, of women having “no choice” and being driven to “desperation” (in the words of former MP and Senator Lucie Pépin, in her appeal to sign a petition created by the Liberal Party.

Much of the petition’s actual wording is a misrepresentation. It claims that “In 1988 the Supreme Court ruled: ‘The decision whether or not to terminate a pregnancy is essentially a moral decision and in a free and democratic society, the conscience of the individual must be paramount to that of the state.'” The reference is obviously to R. v. Morgentaler, [1988] 1 S.C.R. 30. Only, the language quoted does not appear in the decision―it is lifted from the headnote. More importantly, it is a summary of the concurring opinion of Justice Wilson, the only one who probably thought there was a constitutional right to abortion in all circumstances; the two plurality opinions (each supported by two judges) struck down the abortion provisions on narrower grounds, and left the door open to Parliamentary reconsideration.*

But we are told now that even talking about it would lead to horrors that “should never happen in a civilized society” (Mr. O’Connor). Really? Nordic countries are usually thought of as models of social liberalism and gender equality. Yet all of them make abortion illegal at some stage in the pregnancy. (My source is, alas, Wikipedia… I do hope it is reliable on this.) Norway―which imposes a 40% minimum female membership requirement on its corporations’ boards of directors―allows abortion on demand for only 12 weeks, and on application (which is almost always granted) until the 18th week of the pregnancy. In Sweden, abortion on demand is allowed until the 18th week, but only in very exceptional circumstances afterwards. In Denmark, abortion on demand is allowed for 12 weeks. And―though I stand to be corrected―I haven’t heard horror stories of back alley abortions in these countries we often look up to.

Of course this may well be a case where we should not be looking up to them. Perhaps they get it wrong, and the current Canadian state of affairs is right. But how can we know this if we are not allowed to have a conversation that includes the A-word?

* I have written to the LPC about this. I will update if and when I get an answer. UPDATE: I never got one.

Author: Leonid Sirota

Law nerd. I teach public law at the University of Reading, in the United Kingdom. I studied law at McGill, clerked at the Federal Court of Canada, and did graduate work at the NYU School of Law. I then taught in New Zealand before taking up my current position at Reading.

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