Tia Beaudoin, a recent Political Science Honours graduate at University of New Brunswick, has kindly offered her thesis as a series of guest blog posts on the subject of the abortion policy in NB, with particular regard to the laws that have resulted in abortion being virtually inaccessible for much of the Maritimes.
As it’s very long, I’ve broken it up into multiple posts:
Cover / Works Cited
Chapter 1: A Social and Legal History of Abortion in Canada
Chapter 2: New Brunswick: Openly Defying the Canada Health Act
As an editor’s note, I should point out that Dr. Henry Morgentaler died last May, and after his death, the clinic he founded in New Brunswick — which he’d been fighting to force the government to cover the costs of the procedures done there in the courts over the last 11 years — was forced to close for lack of funding, despite the Canada Health Act requiring funding of abortions. The provincial government, thanks to Regulation 84-20, only covers funding for abortions recommended by two doctors as “medically necessary” — a law that makes it nearly impossible to obtain the two doctors’ sign-off during the mandated first twelve weeks of the woman’s pregnancy. Those two facts essentially make it impossible to get medical funding, and the clinic under Morgentaler had mandated to never turn away a woman in need. As a result, it has lost close to $100,000 over the past ten years.
Worse, the lawsuit was dropped in the wake of the ongoing backlash against Regulation 84-20.
In an ideal world, women could choose when their bodies would become pregnant, and every child would result from a fully intended pregnancy. Scientifically, we as a society are getting closer to this ideal through an improved understanding of how the human body works, and through the use of contraception. However these methods are still flawed in a number of ways. Many women do not have access to contraceptives, either because they are too expensive or because they live in a restrictive home where they are not able to receive a prescription for birth control, or purchase condoms. Even if contraceptives are used, mistakes or lack of knowledge can still lead a woman to become pregnant. In addition to this, rape and intimate partner abuse is all too common in our society; women should not be expected to prepare themselves to prevent pregnancy from sexual assault. In addition to this, a partner may refuse to wear a condom. There are countless situations when contraceptives are either impossible to access, or their use is ineffective.
Continue reading “The Constitutionality of Abortion Policy in New Brunswick – Introduction”