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 Canada does not have a law that prohibits abortion.

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Presentation on theme: " Canada does not have a law that prohibits abortion."— Presentation transcript:

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3  Canada does not have a law that prohibits abortion

4 FOR PRO-CHOICE AGAINST Pro-Life  Stops unwanted children  Rights of fetus should not supersede the rights of women  Result of sexual assault  Medical reasons - Birth Defect - Mother complications  Pro-choice is pro-family  Murder- human life begins at conception  Immoral/inhumane  Fetus feels pain  Fetus has rights  Father doesn’t have any rights to fetus

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6  Section 251  Pierre Trudeau introduced a bill to amend Section 251 of the Criminal Code of Canada, which provided for abortions where the health of the woman was deemed at risk by a therapeutic abortion committee consisting of three doctors.

7  Section 7- The right to life, liberty and security of the person.  Supreme Court of Canada, in a case brought by Henry Morgentaler challenging the law, struck down Section 251 of the Criminal Code on procedural grounds. It found that the law was not applied equally across the country thereby violating the security of the person guarantee in Section 7 of the Canadian Charter of Rights and Freedoms. Not all hospitals had established therapeutic abortion committees. Some had committees that simply approved any requests and others were far stricter.  More info: http://abortionincanada.ca/history/legal-abortion-in- canada/http://abortionincanada.ca/history/legal-abortion-in- canada/

8  1960s-1970s: performed 15,000 illegal abortions in private clinics, in 1970 tried on charges for performing abortions, spent 10 months in jail, 1988 Supreme Court of Canada decision, charges were dropped.

9  Abortion was completely banned in Canada in 1869  The movement to liberalize Canada’s abortion laws started in the 1960’s  In 1969, the law was changed so that abortions would be allowed for medical reasons if approved by a 3 doctor committee

10  Henry Morgentaler, a Montreal doctor, did not want to break the law, so he initially turned women away from performing abortions  After much protest he began to perform safe abortions in his clinics against the law  Eventually the Morgentaler Amendment was passed in the 1970’s  In 1988, Morgentaler appealed to the Supreme Court of Canada and abortion laws were ruled to unconstitutional

11 “[f]orcing 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” and that the law “asserts that the woman’s capacity to reproduce is to be subject, not to her own control, but to that of the state” were essentially a breach of the woman’s right to security of the person, which is guaranteed under Canada’s Charter of Rights and Freedoms.

12  Dodd’s boyfriend got an injunction forbidding her to have an abortion, it was overturned, therefore, father has no say in whether a woman has an abortion.

13  Opinion question

14  A child has rights and the a fetus does not, therefore the fetus is not a child.

15  No  http://www2.macleans.ca/2013/05/03/why- the-supreme-court-didnt-weigh-in-on-fetal- rights-in-r-v-levkovic-decision/ http://www2.macleans.ca/2013/05/03/why- the-supreme-court-didnt-weigh-in-on-fetal- rights-in-r-v-levkovic-decision/

16  Opinion question

17  Abortions in Canada are provided on request and funded by our universal healthcare, to Canadian citizens in hospitals across the country  Abortion funding for hospitals comes from the various provincial governments (their overall health expenses are however paid for in part by the federal government).  One-third of hospitals perform abortions, and these perform two-thirds of abortions in the country.  The remaining abortions are performed by public and private-for-profit clinics. Ex. Planned Parenthood


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