Both sides of debate mark 20 years of legal abortion

Last Updated: Monday, January 28, 2008 | 5:22 PM ET

CBC News

Two decades after a medical abortion became legal in Canada, abortion rights advocates and anti-abortion activists alike marked the anniversary of the Supreme Court ruling that allowed medical professionals to help women end their pregnancies.

On Jan. 28, 1988, Chief Justice Brian Dickson ruled that a Canadian law severely restricting access to medical abortions was unconstitutional because it violates the Charter of Rights and Freedoms.

On Monday, advocates for a woman's right to an abortion gathered outside Ottawa's Morgentaler clinic on Bank Street to remember the occasion and discuss the hurdles that remain for women seeking abortions.

Blodwyn Piercy recalled that she was thrilled when the ruling came down.

"We were so thankful to the Supreme Court for, well, getting it right," she said.

But not everyone thought the ruling was a cause for celebration.

Louise Harbour, who is a member of the anti-abortion group Action Life Ottawa, said people's perspective on unplanned pregnancy has changed in the years since the law was struck down.

"It's as if it's almost expected that …you will choose an abortion if you find yourself pregnant," she said. "Is this the best that we can do for women?"

Lisa Middleton, a member of Canadian Youth for Choice, said abortion rights advocates and anti-abortion groups do share some common ground, and the next step in the ongoing debate over abortion rights is for the two sides to work together.

When the two sides meet, she said, they both talk about preventing unintended pregnancies.

"And so what can we do to work together in order to prevent it?" she said. "Really, at the end of the day, we want women to be making healthy choices for themselves and however they define that."

Hurdles still remain

Meanwhile, some abortion rights advocates said hurdles remain for women seeking abortions, such as the ongoing stigma against abortion, continuing opposition by anti-abortion groups and limited access to abortion in some cases.

Activist Ariel Troster said even in Ottawa, access to abortion is "not fabulous."

"The Morgentaler clinic is only open for part of the week," she said.

The personal opinion of medical professionals or counsellors that a woman might visit at a given clinic may influence whether the woman is offered a full range of options when deciding whether to continue her pregnancy, she added.

Law violated right to life, liberty, security

Between 1969 and 1988, Canadian law stated that abortions could be performed in a hospital if a committee of doctors decided that continuing the pregnancy could endanger the mother's life or health. Access to abortions varied across the country.

In his 1988 decision, Dickson found that the law violated Section 7 of the Charter of Rights and Freedoms because it infringes upon a woman's right to "life, liberty and security of person."

"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 her security of the person," Dickson wrote.

Canada is now one of a small number of countries without a law restricting abortion. An abortion is now treated like any other medical procedure and is governed by provincial and medical regulations.