| A brief lesson in the history, reasoning, and 
              unconstitutionality of abortion access in N.B.  By Beth Lyons (First published on HereNB.com, 
              Feb 14, 2008) Debate has been stirred recently by a billboard featuring the profile 
              of a woman tenderly cradling her very pregnant belly along with 
              the text: "9 months. The length of time an abortion is allowed 
              in Canada. Abortion. Have we gone too far?" Prominently featured 
              in Moncton and rejected by Fredericton, this billboard has raised 
              issues of tastefulness, free speech, and private control of publicly 
              viewed spaces. Rather than address these issues, however, I would 
              like to speak to the question posed. The billboard, which is featured across Canada, implies that abortions are 
  easily available up until the moment of delivery. In actuality, 90 per cent 
  of Canadian abortions occur within the first trimester and late term abortions 
  are rare, difficult to procure and primarily done only in cases of medical emergency. In N.B, however, obtaining an abortion at any point in a pregnancy is difficult 
  as the province has the most prohibitive abortion access in the country after 
  P.E.I., where abortions are completely unavailable. Technically, it's true that there are no legal limitations on abortion. In 
  1988, the Supreme Court affirmed women's bodily autonomy and established the 
  legality of abortions as part of women's constitutional right to security: "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." This entrenches reproductive self-determination for women. To make this right 
  meaningful, the Canada Health Act dictates that abortions be available and paid 
  for by Medicare -- after all, legality without accessibility is lip service. The N.B. government understands the importance of access -- it's from this 
  angle that women's rights have been curtailed for almost two decades. In 1989, 
  the provincial government implemented a regulation stating that to obtain a 
  publicly funded abortion two doctors must deem the procedure medically necessary 
  and it must be performed in a hospital by a gynecologist. These requirements 
  are unconstitutional and, as a provincial regulation, have also never been subject 
  to a vote. Additionally, only two physicians in undisclosed N.B. hospitals perform 
  abortions. For those who can't get the necessary referrals, the alternative is the Morgentaler 
  Clinic in Fredericton, which provides abortions up to the 16th week for $550-750. 
  However, the N.B. government refuses to foot the bill, while all other provinces 
  cover part or all of the cost of clinic abortions. In response to this situation, 
  N.B.'s government is being sued by longtime reproductive rights advocate and 
  clinic founder Dr. Henry Morgentaler. The Crown is arguing that as Morgentaler 
  is a man, he has no legal standing in a case concerning women's reproductive 
  rights (considering that the government itself is an overwhelmingly male entity, 
  by their own logic they should also have no say in limiting women's reproductive 
  rights). To date, no decision has been made on whether the court will agree 
  to hear the case. The reality is both the hospital and Morgentaler Clinic aren't options for 
  many women seeking timely, affordable access to abortions. Inaccessible abortion 
  services do not mean women aren't terminating pregnancies; they're just forced 
  to do it unsafely. Poor access doesn't merely traumatize and disenfranchise 
  women -- it kills them. Kill. That word is what's at the centre of this debate, isn't it? We wrestle 
  with whether aborting a fetus is killing a person. Many argue yes, and therefore 
  women's reproductive rights exist within the realm of deciding to have sex and 
  use contraception, no further. That's the reductive voice of privilege speaking; 
  women's choices are rarely so clear. We live in a culture where sex is currency, 
  relationships can be abusive, many basic health insurance options cover viagra 
  but not birth control, sex education is really abstinence indoctrination, rapes 
  are perpetrated, and so on. Women become pregnant in tragic circumstances and 
  in mundane ones; either way, the subsequent decisions to be made are private. That is what the debate is: not deciding when life begins, but allowing every 
  woman to answer that question for herself. It is a question of allowing women 
  the basic human right of self-determination. The restrictive access regulation 
  is evidence of a paternalistic attitude that says women don't have the capacity 
  to make decisions for themselves, presumes women wouldn't take the decision 
  seriously if not forced to, and implies that women don't understand the gravity 
  of their reproductive capacity. It's frightening that our government is uncomfortable 
  with the idea of abortion, but is at ease with forcing women to carry unwanted 
  pregnancies to term. And that's the danger the Supreme Court recognized and 
  protects women against by giving us the right to choose; too bad N.B. misogyny 
  trumps the Supreme Court. So, the billboard offends me. Not because of its anti-choice rhetoric, but 
  because it's misleading in its facts. Because it tries to sound understanding, implying that abortions could be reasonable 
  if they only occurred earlier in pregnancy (a moral paradox, if I've ever encountered 
  one). Because it pretends to be asking a question while sending a clear emotional 
  cue by pasting the "abortion" over a full-term belly. But mostly it 
  offends me by addressing communities in an insultingly paternalistic, manipulative 
  and misleading manner -- just like our provincial access regulation addresses 
  N.B.'s women.  |