Reginald Stackhouse

Canada has no real abortion law

Reginald Stackhouse

Special to Globe and Mail Update

Continued controversy over Henry Morgentaler's Order of Canada is depressing for one feature – its incredible but persistent irrationality.

The award itself is incidental. Fundamental to the argument is the passion with which each side remains transfixed by loyalty to an unreal absolute – life or choice.

In the eyes of anti-abortionists, Dr. Morgentaler is still the Great Satan because they see him unilaterally ignoring the sanctity of human life, including a fetus. Why is that irrational? Because they otherwise passively accept the state's right to take human life if it serves the state's legitimate purpose. So they condone police officers being given authority under certain conditions to take a life. They are passive when Canadian soldiers kill not only Taliban terrorists but Afghan civilians when bombs are dropped from the air.

“Pro-life” thus means protecting the life of the unborn, but not always the life of the born. Yet, being pro-choice is no more rational, regardless of how sophisticated and articulate its champions are.

Basic to their case is commitment to a woman's having unconditional freedom to choose whether she will proceed with an abortion. In a democratic society, that could appeal to any of us except for its being grounded in the same shifting sands of their “pro-life” opponents.

Their appeal for an absolute freedom of choice ignores how no one has a right to that freedom if we want the basic social order that makes a civilized society possible. Those who argue the “pro-choice” line ignore how they – like the rest of us – have to accept limits on our freedom to choose all the time. None of us, for example, is free to disseminate “hate” propaganda. Nor to take “porn” pictures of children. Minors are protected against adult predators who would love the freedom to choose kids for sex instead of adults. In short, men and women have our freedom to choose truncated every day, all day. Why should society not have the right to legislate when and where abortions are licit and illicit?

It's not surprising, though, that – based on decades-old arguments about “pro-life” and “pro-choice” – the current irrational furor over the ever controversial Dr. Morgentaler should be inspired by his being awarded a coveted decoration. That, too, has its own irrationality, the kind that Napoleon appreciated when he restored titles and decorations to France after its egalitarian revolution abolished them. To his critics, he offered this justification: “People are motivated by toys.” He's still right.

But, instead of agitating over Dr. Morgentaler's Order of Canada, it would be more rational for the public to be concerned over the fact that Canada has no significant law on abortion.

Reginald Stackhouse, a former MP, is principal emeritus and research professor at the University of Toronto's Wycliffe College

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