In 1869, abortion in Canada was banned completely. However, illegal and unsafe abortions were carried out, and as a result, many women got injured, and some died. Sarah Lovell is a teenager who died in 1879 after performing an abortion. Another death victim of abortion was “Mrs. P.” as referred by Justice Estey which occurred in 1952 (Arthur 2).
These cases were considered illegal, and court cases were opened against the doctors who performed the abortions. Illegal abortions were characterized by poor safety. In 1967, Pierre Trudeau, Justice Minister introduced a bill called “Criminal Law Amendment Act, “1968-69 and an exception of performing abortion was stated in the bill (Arthur 2). The bill allowed abortion on medical cases only which were misinterpreted by doctors.
The bill was an amendment to section 251 of the Canadian Criminal Code (Arthur 2). The Supreme Court of Canada regarded the law to be unconstitutional in 1988. The purpose of this paper is to establish whether Canada needs a criminal abortion law or not. In my opinion, Canada should not have an abortion law. Laws governing abortion might have less impact on society; they are unable to stop or reduce abortion (Arthur 4).
According to a report released by the World Health Organization, abortion rates seem to be similar in many countries in spite of the illegality of abortion. However, legalizing abortion can be a better way of reducing its occurrences. Promoting the rights of women combined with sex education and easy accessibility to contraceptives can reduce the rates of unwanted pregnancies (Arthur 4).
As a result, illegal abortions can be reduced. Canada somehow has low rates of abortion compared to other countries. Moreover, since 1999 the abortion rates have decreased. A study conducted by Statistics Canada Report in 2005, showed that in every 1000 mature women 14 abort every year (Arthur 8). Despite the existence of the law, it seems the percentage of abortion is on a decreasing rate.
However, the laws might have played a great role in reducing incidences of abortion. Counseling women on other alternatives for dealing with unwanted pregnancies can change one’s decision (Arthur 8). Legalizing abortion accompanied with education on dangers and possible effects of abortion can impact the morals and attitudes of women.
Decision making remains a personal issue in Canada; hence it should not have an abortion law. In case a woman develops complications or does not want to keep the baby; she can choose to terminate the pregnancy regardless of the law present (Arthur 8). Moreover, women who believe life is sacred may choose to abort. Somehow they believe it is immoral to abort, but they do it due to prevailing circumstances.
However, the presence of law combined with effective counseling can change the attitude of women who wish to abort. Legalization act should include counseling for women to effect and sustain the morals of the community (Arthur 8). Abortion is a personal decision, so, women should be counseled on alternative methods of keeping the baby and avoid being forced by law.
The medical profession in Canada has policies, regulations and ethical codes which govern abortion; hence criminal law is not needed. Abortion in hospitals is regulated by abortion law formulated by the Canadian Medical Association (Arthur 9). However, criminal law is an essential aspect of the regulation of abortions that take place outside the hospitals.
Not every woman aborting will choose to go to the hospital. Criminal law can reduce the occurrence of unsafe methods of abortions although the percentage of unsafe abortions may be low. Considering the medical profession has a law governing abortion, it could be enough to ensure safe abortion for all. Formulating another law can lead to the overlapping of responsibilities (Arthur 9).
Canada should not have an abortion law because it once had it, but it was not effective. Women sought unsafe ways of abortion because they were afraid of the law. The results of these illegal abortions were death and injuries (Arthur 8). The laws brought about risks to the lives of many women. However, the law can be used to track unsafe abortions which are still practiced.
Women who can not afford money to go to the hospital, use unsafe homemade methods which are risky. The law has been used to convict these women. Legalizing abortion and making it affordable can reduce illegal and unsafe abortions (Arthur 8). Without law, women could not be afraid to abort. Also, doctors could get an opportunity to counsel women on the dangers of abortion.
As a result, one might change her decision if she is not medically compelled. Formulation and implementation of criminal law in Canada can violet women rights and restrict the choices women make. Moreover, the law can lead to poor quality of health care services provided to women. These laws may be having errors which make them unworkable (Arthur 4).
Illegalizing abortion would lead to illegal and unsafe methods of abortion because one may be afraid of being convicted. Also, illegalizing abortion would mean that women and doctors to bend the law to do an abortion (Arthur 4). However, legalizing abortion would promote women rights and ensure quality healthcare services. Mechanisms can be put in place to avoid misuse these provisions
Canada should not have an abortion law because the debate is usually based on philosophical and religious ideologies. These ideas can restrict women rights because the fetus is considered to be a person or human being with legal rights (Arthur 6). The law, in this case, can be used to enforce the responsibilities of motherhood; God-given responsibilities.
These laws violate women rights (Arthur 6). However, legalizing would allow women to choose motherhood or not. Accessibility to contraceptives can reduce incidents of abortion. Legalizing abortion can assist women in bringing up children they want to without being forced by the law (Arthur 6). Instead of punishing women who abort, the law should ensure the right mechanisms are put in place to prevent unwanted pregnancies.
Abortion is a medical procedure which can be incorporated in the reproductive health of women, and criminal law may not be applicable. It might not be accepted by society, but it increases the options of health care services a woman may need (Arthur 7). Illegalizing of abortion may mean, establishing fetal rights while compromising those of the mother.
However, legalizing would protect women and ensure they access legal and safe abortion. Somehow, legalizing abortion can compromise the rights of the fetus. Legalizing abortion would help doctors and women to act responsibly (Arthur 7). In conclusion, restrictive laws can not control abortion completely.
Canada has low rates of abortion, and at the same time, the majority of women support equality and rights of women (Arthur 8). Illegalizing abortion cannot be an effective way of dealing with illegal abortions. Providing contraceptives and ensuring they are easily accessible, can help in reducing unplanned pregnancies amongst teenagers and women.
As a result, the rate of abortions can be reduced greatly. Sex education can be an important tool for teenagers to address unwanted pregnancies. Legalizing abortion can be having more advantages than disadvantages (Arthur4).
Work Cited
Arthur, Joyce. The Case for Repealing Anti-Abortion Laws. Ontario: Abortion Rights Coalition of Canada, 2010. Print.