Yes?

Abortion
No?

What is An Abortion?

?
Abortion means ending a pregnancy before the
fetus (unborn child) can live independently
outside the mother. If abortion happens
spontaneously before 24 weeks of pregnancy,
it is called a miscarriage. An induced (or
"therapeutic") abortion is caused deliberately
in order to end the pregnancy.

Pro-life: People who are against abortion, often based on

religion.
Pro-choice: People who are for the woman's right to
decide over her own body and have an abortion if she
chooses.

Are you Pro Life or Pro

Choice?

History Of Abortion

Timeline Of Significant
Events

1869- Parliament passed changes that permitted abortions but only under
strict circumstances. This provision required women to seek approval from a
therapeutic abortion committee composed of three medical practitioners.
1973-74 Henry Morgentaler sets up an abortion clinic in Montreal contrary to
law. He is arrested, charged, found innocent, decision appealed, found guilty.
This happens three times. Finally the Quebec government stops charging him
and he continues to do abortions in Montreal.
1975 A petition of over 1 million signatures, the largest in Canadian history,
is presented to parliament requesting protection for the life of the unborn.
1975 Joe Borowski, former NDP Minister of Highways in Manitoba, launches a
court case asking that the 1969 amendments to the Criminal Code be declared
invalid, and declaring that the outlay of public money for abortion is unlawful
because it contravenes the Canadian Bill of Rights.
1981 The province of Quebec sets up Abortion Clinics as part of its
community health services. These CLSCs operate outside Canadian law but

History Of Abortion
1982 Henry Morgentaler announces plans to establish a free standing
abortion clinic in Winnipeg. Shortly thereafter he opens one in Toronto. In
Manitoba, the College of Physicians & Surgeons refuses to license the facility.
1983 Morgentaler is charged with illegal abortion, along with abortionists Dr.
Leslie Smoling and Dr. Robert Scott.Morgentaler and Scott are also charged in
Winnipeg.
1985 The Ontario jury acquits the abortionists after accepting Morgentalers
use of the defense of necessity. The Ontario Court of Appeal reverses the
decision. Morgentaler asks the Supreme Court to hear the case.
1988 Criminal restrictions on performing abortions are effectively removed
with the Supreme Court of Canada's ruling in R. v. Morgentaler. The abortion
law is struck down on the basis of section 7 of the Charter of Rights and
Freedoms which is the right to "life, liberty, and security of the person". The
court states that the abortion law had created a situation in which access to
abortion was not equal across the country: women in some areas could more
easily receive an abortion than could those in other areas.

R. v. Morgentaler, [1988]
(S.C.C.)
Facts:
Dr. Henry Morgentaler, Dr. Leslie Franck Smoling and Dr. Robert
Scott were all qualified medical practitioners. The three doctors
were charged with illegally performing abortions in a private
clinic, contrary to section 251(1) of the Criminal Code. Section
251(4) of the Criminal Code required a woman who wanted an
abortion to apply to a hospital where a special committee would
approve the abortion only if it was necessary for the life or health
of the woman. The abortion had to be done by a doctor who was
not a member of the committee. The appellants clinic, however,
served women who did not have such a certificate. Furthermore,
the appellants made public statements asserting that women
have the free choice to have an abortion, as well as directly
criticizing the abortion laws in Canada. The appellants were
charged with conspiring with one another with the intent to

Issue(s):
The Supreme Court considered seven issues:
1. Whether s. 251 of the Criminal Code violates the rights and
freedoms guaranteed by ss. 2(a), 7, 12, 15, 27 and 28 of the
Charter.
2. If such a violation occurs, whether it is justifiable under s. 1
of the Charter.
3. Whether s. 251 of the Criminal Code is ultra vires the
Parliament of Canada.
4. Whether s. 251 of the Criminal Code violates s. 96 of the
Constitution Act, 1867.
5. Whether s. 251 of the Criminal Code unlawfully delegates
federal criminal power to provincial Ministers of Health or
Therapeutic Abortion Committees and, as such, whether the
Federal Government has abdicated its authority in this area.
6. Whether ss. 605 and 610(3) of the Criminal Code violates
the rights and freedoms guaranteed by ss. 7, 11(d), 11(f),
11(h), and 24(1) of the Charter.
7. If such a violation occurs, whether it is justifiable under s. 1

Decison
Doctors Morgentaler, Smoling and Scott argued that section 251
of the Criminal Code violated a woman's guarantee to life, liberty
and security of person found in section 7 of the Charter. The
Supreme Court of Canada ruled that section 251 of the Criminal
Code did violate section 7 of the Charter. The Court stated,
"forcing a woman by threat of criminal sanction to carry a fetus 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 a violation of the security of the person."
The Court found that section 251 caused delays that might result
in psychological or physical harm. Also the Court said the law set
no standard by which the committees could judge the danger to a
woman's health. Thirdly, because the section required hospitals to
have at least four doctors to authorize and perform abortions, the
operation was simply not available to many woman who relied on
small or local hospitals.

Cases
R. v. Drummond, Ontario Provincial Court (1996)
Brenda Drummond is acquitted of murder after shooting a pellet gun
into her birth canal two days before her full-term son is born. The
charge of attempted murder is dismissed by the court on the basis
that the child is not legally a person and therefore not included in the
Criminal Code. The Attorney General of Ontario decides not to appeal
this decision.
Winnipeg Child and Family Services (Northwest Area) v. G.
(D.F.) 3 S.C.R. (1997)
A woman identified as 'G' is five months pregnant with her fourth child
and is addicted to glue sniffing. Two of G's other children were born
disabled due to her addiction. Child and Family Services is permitted
by the Manitoba Superior Court to detain G in a health care centre for
treatment until her child's birth. The Manitoba Court of Appeal
overturns this ruling, saying that child protection laws cannot be
extended to unborn children. The Supreme Court of Canada agrees
with this ruling saying that G's child is not a legal person possessing

Thesis Statement
Women should be given more
rights than a fetus as denying
them an abortion can violate a
womens mental integrity, and
physical integrity.

Physical Integrity
Physical integrity can also be known as bodily integrity it emphasizes the
importance of yourself as a human being and self-determination over
your own body.

1. Womens have the right over their own health and how they want to be treated health
wise.

* The decision of having an abortion or not is a difficult choice for many women
and can cause them emotional distress affecting their emotional health. If a
woman is not prepared for an abortion, it can stress her out and affect her
emotional health. She may start thinking of negative things like how they are going
to raise the baby and get money to support the baby.
2. There are many health problems associated with pregnancies and how they are carried
out some are more serious then others.

Mental Integrity
The right to mental integrity includes the
women's ability and self-knowledge to make the
right moral decision.

1. A women's identity is the most important thing to her

and the amount of control she as over her body affects
how she will be seen as throughout society
2. Women's have the right to choose what they want to
do with their body and what they choose is right for
their lives.

Canadian Charter of
Rights and Freedoms:
Section 7(Legal Rights)
7. Everyone has the right to life, liberty
and security of the person and the right
not to be deprived thereof except in
accordance
with
the
principles
of
fundamental justice.

What is a fetus?

A fetus is an unborn, developing mammal. The

fetal stage comes after the embryo stage, after
the eighth week of gestation or the 10th week of
pregnancy, and lasts until birth. A normally
developing fetus will have begun to form major
identifying features at the end of the eighth
week, such as its nose and mouth. Its organs will
also have begun to develop and will continue to

Section 233(1) Infanticide

233. A female person commits infanticide when by a wilful
act or omission she causes the death of her newly-born child,
if at the time of the act or omission she is not fully recovered
from the effects of giving birth to the child and by reason
thereof or of the effect of lactation consequent on the birth of
the child her mind is then disturbed.

more important then a

fetus?

>

1. A woman is a living person and is both

physically and mentally developed.
2. A fetus is not considered a human being
scientifically and has no mental features that a
normal living human being has. A fetus is not an
actual human being and does not have any rights

Conclusion
A women's physical integrity means a lot to her,
especially in todays society since people are
often judged on their physical well-being. If a
woman mentally decides that having an abortion
is right for her, she should be allowed to do so.
Women's rights are more important than those of
a fetus. A woman is a fully developed human
being and should have the right to do whatever
she thinks is morally right for her and her body.