Not allowing women unobstructed access to abortion, is a social injustice and a violation of women's individual rights.

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        Not allowing women unobstructed access to abortion, is a social injustice and a violation of women’s individual rights. In Canada, there is currently no abortion law, as it is such a huge controversy. It would help Canada to have one as right now women go to back alley clinics; endangering their lives trying to get an abortion. If abortion were legalized, then many women would not have to go to illegal clinics, and most importantly, not be afraid to get an abortion. Legalizing abortion would be a breakthrough in Canadian law, as it allows the women the right to choose whether to have a baby or not, and there are also many other benefits to abortion; including embryo stem call research. Although there is much controversy over the subject of abortion, legalizing abortion would help Canadians, and benefit many people.

        Previous abortion laws have been sketchy, some argue that the fetus is a person, and should be protected by the charter of rights, others argue that it is not yet a human being, and so the rights of the mother supersede the rights of the fetus. Before we had no abortion law, the law stated that;

Behavior in Canada can only be criminal if a federal law specifically prohibits it. Section 287 of the Criminal Code became law in 1969. The Charter of Rights and Freedoms followed in 1982. The Code made it a criminal offence to "procure a miscarriage." Section 287 says that every one who, with intent to procure the miscarriage of a female person, uses drugs, instruments or manipulation of any kind, for the purpose of carrying out their intention, is guilty of an indictable offence and liable to imprisonment for life. The Code exempted doctors from criminal liability if a hospital abortion committee was prepared to

Hilary Visser  page 1

sign a statement to the effect that the "continuation of the pregnancy of the female person would or would likely to endanger (the pregnant woman's) life or health." Section 7 of the Charter says that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." (Duhaime)

This has been argued numerous times over, especially in court. Chief Justice, Brian Dickerson quotes, “Forcing a women 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 this a violation of her security of the person." (Duhaime) This is a very strong argument, and will usually win, as the rights of the women supersede the rights of the fetus. To uphold the previous law would risk women’s individual rights by interfering with the violation of her security of person, as stated in the Section 7 of the Charter of Rights.

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        One of the major reasons that people oppose abortions is they say that abortions are violent, and hurt the fetus. This is a myth. The fetus cannot feel pain until the third trimester, and the only time abortions are given in the third trimester is when it will endanger the mother’s life is in danger. The other reason people oppose abortions is that they say it is murder, as a fetus is a human being. This is not true, as an, “embryo or fetus, does not have all the attributes of a human being and thus cannot properly be considered ...

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