Geoffrey Wale
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The bedroom and the Canadian State.

9/10/2015

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Justin Trudeau, speaking ex-cathedra, as leader of the Liberal Party of Canada, made a decidedly final pronouncement on the issue of abortion: "I have made it clear that future candidates need to be completely understanding that they will be expected to vote pro-choice on any bills." This pronouncement is decidedly illiberal, and something one usually expects to hear from only the most noxious, left-leaning ideologue. Given Justin Trudeau's heritage, I would have expected a more nuanced stance on the issue. His father, Pierre Elliott Trudeau, former Minister of Justice and Prime Minister in Liberal governments in the latter half of the 20th century is remembered for his stand on personal liberty and his faith (he was a practicing Roman Catholic).

On personal liberty, particularly on matters of sexuality, Minister of Justice Trudeau famously observed in 1967 "obviously, the state's responsibility should be to legislate rules for a well-ordered society. It has no right or duty to creep into the bedrooms of the nation." It was Prime Minister Trudeau who enacted the Constitution Act and the Canadian Charter of Rights and Freedoms in 1982. The opening sentence reads "Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law." Section 2 of the Charter guarantees freedom of conscience and religion. Justin Trudeau, it seems, has decided to strip members of the Liberal Party of Canada of their right to freedom of conscience and religion, at least as it applies to the controversy over abortion.

I find Justin Trudeau's stance on the issue untenable. What he implies is that the issue of abortion is settled, that there be no further discussion. He could not be more mistaken. Abortion is an issue that needs to be addressed and all points of view merit consideration. As a conservative who leans toward the libertarian camp, I am prepared to tolerate the pro-choice position, though I do not approve. I am in favour of what could be described as the pro-compromise position. While abortion should remain legal, the fact remains society has a stake in the status of the unborn, and this needs to be addressed in Canadian law.

The publication "Crimes Against the Foetus," published by the Law Reform Commission of Canada in 1989 includes several recommendations for amendments to Canadian law in this regard. In effect, these recommendations, if enacted, would make wrongful harm to the foetus criminal, rather than abortion. Abortion would remain a legal surgical procedure with no restrictions in the first twelve weeks of pregnancy and with limitations brought to bear, maintaining society's stake in the status of the unborn, in the latter stages of pregnancy. The Law Reform Commission of Canada concluded such legislation is consistent with the Common Law and Charter of Rights and Freedoms.

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    Geoffrey

    I enjoy writing and publishing articles and find inspiration for my writings in life with my husband Mika and caring for my dogs, Hera and Stella.

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