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The procedure of an abortion was a crime in Canada until 1988, when the Supreme Court of Canada deemed it unconstitutional and struck it down. Ever since, abortion has been legal no matter which stage of the pregnancy the women is at. It is even publically funder under the Canada Health Act. Access to abortion services vary across the country and to this day remains a divisive issue in our government especially between liberals and conservatives. Of the earliest abortion cases in Canadian law occurred in 1879 involving Emily Stowe. SShe was charged and later acquitted after a long trial of performing an abortion on a young patient through drugs. This case is significant on how serious abortion was taken in our nations earliest days and the changing attitude of the topic.
Before 1969, performing an abortion was a crime under Section 251 of the Criminal Code. The maximum penalty for anyone assisting women in her abortion was life imprisonment while the women would get 2 years. That year, the government of Pierre Trudeau amended the Criminal Code using 2/3 approval, approving some doctors to perform abortions in special hospitals if a women’s life was in danger. A high profile team of doctors were required to approve the procedure. Other then in life-threatening cases, abortion remained illegal as it should. I can personally approve of this law if the mother’s health is in serious trouble. As time went on, the 70s and 80s, were a time of great debate for pro-life and pro-choice groups. The minimal leniency given by Trudeau’s government angered pro-life groups while not being enough for pro-choice activists. Lobby groups tried to influence legislatures with public demonstrations in Ottawa.
Henry Morgentaler is a household name in pro-choice history looking to expand Canadian abortion rights. He is famous in R. vs. Morgentaler cases. In 1973 he was prosecuted for completing unauthorized abortions for anyone who desired. He was acquitted by a jury in 1973, but that ruling was overturned after appeals from both the Québec Court of Appeal and the Supreme Court of Canada forcing Morgentaler served a prison term. Morgentaler broke the law without any permission and knew exactly what he was doing, completely deserving his punishment. He was said to have desired money and failed to care about the right to life.
The Supreme Court established that doctors might not be held responsible if the result of not performing a particular abortion is worse then the failure to do anything at all. This was an odd case and there was no defence available for Morgentaler. Similar to today, the legal debate was centred around the question of whether a fetus has a right to their own life, not just the mothers. Women’s rights activists pushed for female freedom to decide when they should end their pregnancy. Pregnancy is a natural encounter and natural encounters are decided the way they’re meant to be, by God. The women have no right to choose when its convenient for her to kill a living being. Further Legal debates were initiated by a man of the Manitoba Legislature, Joseph Borowski, who was on the behalf of anti-abortion. Cases of individual rights were undetermined and not settled in any court cases until 1988.
Again, Morgentaler was persecuted for continuing abortions. In 1988, his case R. v Morgentaler went to the Supreme Court, which compared his actions to the newly founded 1982 Charter of Rights and Freedoms. The court shockingly found that the Criminal Code provision on abortion violated a woman’s right to “life, liberty and security of the person” guaranteed under Section 7 of the Charter. This is an odd and historic ruling, setting presented to future abortion abilities in Canada. Women were in the midst of experiencing life, in a free country of Canada, while being safe and secure. Rather the baby inside of her was denied the right to life, future freedoms, and safety in the womb. The law sided secularly for the ending of innocent lives. As a result of this case, millions of babies have been aborted.
The court did not officially rule there was an essential right to abortion under the Charter but systems were changed to allow abortions easier without punishment. Still, abortion was extremely strict needing requests. Due to this, the abortion law was struck down though it technically remains in the Criminal Code. This means anti-abortion rules are considered to be unconstitutional and cant be enforced. No laws have had the power to replace it, and abortion has remained nationally legal since 1988.
At the same time, the fetal rights issue was decided in 1989 during the case Tremblay v Daigle, where Supreme Court said only a person had constitutional rights beginning at the time of birth. This choice proves to be a big mistake, and one Canada must bounce back from in my opinion. The government is discriminating against the fetus who in a little longer time will be born and should be of same equal status as the mother like the charter states in section 15 . The government offers no compromise and fully sides pro-choice denying the right of life.
Our Catholic Church teaches that each of us have a right to live from the stages you begin to develop until death. The detail of the teachings explain that a person is living is living from the time of an embryo. All forms of abortion are religiously, and morally wrong as it kills a fetus that is breathing, moving, and living. In an abortion, we try to alter God’s plan and deny his creations and visions. We are blessed to receive the gift of life, though some take advantage and reject one others opportunity. Our future and afterlife are played with while interviewing to harm one others path achieving a deadly sin. There is no acceptance or opportunity to choose the death of a helpless fetus. Life is begun with the goal of being good as God creates man in the image and dream he desires. Therefore the human is a reflection of Gods glory through his glory is violated upon. The 10 Commandments are deemed to be true by God. True to God is central value of “thou shall not kill”. Abortion is a straight out negligence of the fifth Commandment.
Life brings evils of devil such as rape and incest, though our religion believes there are better options. In contrast, many believe abortion is acceptable in such cases. Such cases are extremely rare, and inaccurate to represent most abortions. Approximately one percent or less abortions done in a year are a result of forced and uncontrolled occurrences. Just like every person, regardless of race or gender, each baby is desired and loved by God who always has the best plan in mind. It denies the child the opportunity to experience the beautiful world and display differences and contributions to the rest of us. If a child is the result of violence, how would destroying someone else’s life help the pain of the women? In truth, it would further affect the women emotionally with the loss of a child just like any mother. She would be already stressed enough seeing the dead corpse coming out of her and knowing the suffering the baby had gone through in its dying moments. The baby is developed enough inside the womb to feel pain due to organs of the heart and brain. A mother will miss out on the joy of seeing their child grow up.
In frequent occurrences in the after-math of an abortion, the mother will become emotional, fragile, weak and unstable. Mental illness’ of a post-traumatic stress disorder or even a specific post-abortion syndrome describes the damage of the woman who finally understands and feels guilty. She understands the consequences of her actions, perhaps understanding the occurrence of the process, and realizing the murder she is guilty of. Following her regret, statistics show unsurprising stats that over 80% had stronger emotions of loneliness, isolation and had an increased tendency toward rage. Over 50% of mothers increased or started attempting the use of drugs or alcohol. Around 30% attempted suicide. Problematic symptoms post-abortion include depression, suicide, and anxiety. Help and council such as reconciliation is always available to stop the pain of suffering from the choice they chose to be responsible of. For abortion to be illegal, women have greater difficulty in achieving an abortion. Without the abortion, traumatic after-effects would not exist which would aid the government in mental health control.
Under Canadian law, murder is illegal with the punishment of imprisonment and potentially for life. I believe a fair punishment would be the death penalty for purposefully killing another. In Canada, everyone has the right to live and that shouldn’t be different to unborn children. When a murder takes place, their right to life is taken away. The creation of a human is initiated instantly of conception. Therefore, once conception is purposefully broken, it should be considered illegal, and murder as well. Pro-choice visions display though science proves a baby is developing, it is not official until birth. That translates into the baby having no rights or freedoms including the right to be alive. Considering the death penalty is not currently activated and used to take away the lives of the worst people, it would be believed a baby full of innocence can also prevail.
It boggles my mind how women can even consider an abortion especially knowing the scientific facts and similarities a human already on earth. In the case of not wanting a pregnancy, there are countless resources available to assist in that. You can straight out participate in existence. You can use contraceptives and even take birth control. Even after a sexual encounter, there is medication to prevent the development of the baby. As minimal time goes by Within days of pregnancy the evolution is well on its way. Within 2 weeks a heart begins to pump. At week 3 essential connectors of the spine and nervous system begin to form as well as organs of the liver and kidney. Eyes, hands and brain waves are detectable at 4 weeks. In 6 weeks the baby grows muscles. At 8 weeks the baby starts to move and smile. In the 9th and 10th weeks, the baby’s teeth and hair grow. At 16 weeks the baby the baby shows attitude and personality kicking around. At 20 weeks the baby responds to light and sound. In the following weeks if healthy the baby can even be born prematurely. It is a quick process in which the baby is constantly growing like the rest of us and are not balls of tissue or clusters of cells. At which point is it where the mother chooses when the normal characterized baby in the womb dies?
In Summary, a belief of mine states that Canada has the incorrect stance on abortion laws fueled by Morgentaler and various other pro-choice activists. Our country prospers upon free and equal rights, though is missing rights of relevant beings in our future citizens. The process of abortion uses murderous tactics to destroy and deny life and the right of life Canadians are entitled too. Knowledge and devastation of the process should be enough to turn against it. Pain should never be wished, or purposefully enforced upon anyone, regardless of age. The developing fetus fails to receive the equality and rights it would in future weeks. He or She is left hostage in the dark womb with others authorizing its fate. Our nation has turned from being a pro-life state and now allows the brutal slaying of the most innocent and promising by those excusing their own personal problems. Life is extreme, though a lesson of abortion is to put others ahead of yourself. All natural aspects of life, such as the birth of a child are created by God above us, and is present for a good reason. God is the one who should determine who receives life and who does not. Us as humans must not take away Gods dignity and take it upon ourselves to use violence and end lives. Morality and religion further prove negative aspects of abortion. Science displays how life is present in the womb, with the formation of many human characteristics very quickly and that life begins as soon as the egg is fertilized. Our world would only be better with further diversity, more people, and more unique qualities brought upon to better each other. Who knows what new innovative contributions would have been implemented to our world today by those unfortunately aborted. The topic of abortion may be moral and social sin in my opinion, but not for others. This difference in vision will be brought upon in the courts as changes of power in politics continue to evolve. There will never be a day where everyone can agree. The most significant aspect of the abortion debate is how much people value rights and freedoms, as well as our constitution. Women’s rights, and fetal rights are those which will continue to improve and be better for all. Law and democracy have effectively been implemented when people debate where a topic shall fall.

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