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Simple Responses To An Irrational Claim – The Abortion Issue

1948 words - 8 pages

Baby killers get off free; this is the opinion of pro-life activists. In Canada, the topic of abortion has been a controversial issue since the late 1800’s. The resolution of this matter has always been in the hands of our divided political parties, but since 1988, no actual law has governed this practice. As a tolerant nation, Canada has protected the rights of women to have abortions. For some, fetal rights seem to be more important than a woman choosing her own destiny. This is an argument made by the opposing side, it claims that it is wrong to allow abortions because “God” would not permit this act. Whether an abortion happens after one day or eight months, a baby is still not born. Until a woman gives birth, the law says that a child is not entitled to any legal benefits Understanding The Law, 1996). Knowing that many women choose to have abortions, the common perception of the public is that they are incapable of taking care of that child. Canadians must ask, is it not better to have not been born at all, then to live life treated as if your parents would rather you be dead. Abortions must be continued, and the law allowing it upheld at all costs. This essay will evaluate the impact of abortions and the role it plays in the development of women rights in modern Canadian society. It will begin by providing a brief history of the Canadian abortion law. Following this will be a concise summary of two influential abortion cases, R. v. Morgentaler in 1988 and Tremblay v. Daigle in 1989. These two cases serve to illuminate the commitment of the justice system in upholding a progressive stance on this law. Finally, this essay will show clearly that abortions are safe and always justifiable regardless of the situation; pro-choice arguments are more valid than pro-life arguments and because of this, people in our nation agree abortions are reasonable and must be available and unrestricted.Controversial issues surrounding the topic of abortion cannot be used to restrict this practice. Canada seems to be adapting to this belief well. Until the year 1969, abortion was a criminal act in Canada (Sullivan, 2005). However, Pierre Elliot Trudeau, under the liberal government decriminalized contraception and allowed abortions under certain circumstances (CBC News Online, 2005). These circumstances were Section 287 of the Criminal Code; this stated that all abortions must be performed in an accredited or approved hospital. Along with this limitation, it was required that therapeutic abortions committees comprised of three physicians from that hospital approve the surgery; this was necessary to protect the woman’s life or health (Sullivan, 2005). If an abortion took place with failure to get such approval, the woman was liable for imprisonment of two years, and the person carrying out the abortion was liable for imprisonment for life (Understanding The Law, 1996). This law came under criticism from both pro-choice and anti-abortionist...

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