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Abortion

 Yes?

No?

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Pro-life: %eople !ho are against abortion# often based onreligion.

Pro-choice: %eople !ho are for the !oman&s right todecide over her o!n body and have an abortion if shechooses.

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Are you %ro 'ife or %ro

hoice?

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istory *f Abortion

1869- %arliament passed changes that permitted abortions but only +understrict circumstances., -his provision reuired !omen to see" approval from atherapeutic abortion committee composed of three medical practitioners.

1973-74 – enry /orgentaler sets up an abortion clinic in /ontreal contrary tola!. e is arrested# charged# found innocent# decision appealed# found guilty.

 -his happens three times. 1inally the uebec government stops charging himand he continues to do abortions in /ontreal.

1975 – A petition of over 3 million signatures# the largest in anadian history#is presented to parliament reuesting protection for the life of the unborn.

1975 – 4oe 5oro!s"i# former N6% /inister of igh!ays in /anitoba# launches acourt case as"ing that the 3787 amendments to the riminal ode be declaredinvalid# and declaring that the outlay of public money for abortion is unla!fulbecause it contravenes the anadian 5ill of 9ights.

1981 – -he province of uebec sets up Abortion linics as part of itscommunity health services. -hese ':;s operate outside anadian la! but

Timeline Of Signicant

Events

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1982 – enry /orgentaler announces plans to establish a free standingabortion clinic in Winnipeg. :hortly thereafter he opens one in -oronto. In/anitoba# the ollege of %hysicians = :urgeons refuses to license the facility.

1983 – /orgentaler is charged !ith illegal abortion# along !ith abortionists 6r.'eslie :moling and 6r. 9obert :cott. /orgentaler and :cott are also charged in

Winnipeg.

1985 – -he *ntario >ury acuits the abortionists after accepting /orgentaler;suse of the defense of necessity. -he *ntario ourt of Appeal reverses thedecision. /orgentaler as"s the :upreme ourt to hear the case.

1988 – riminal restrictions on performing abortions are eectively removed!ith the :upreme ourt of anada&s ruling in 9. v. /orgentaler. -he abortionla! is struc" do!n on the basis of section @ of the harter of 9ights and1reedoms !hich is the right to $life# liberty# and security of the person$. -hecourt states that the abortion la! had created a situation in !hich access toabortion !as not eual across the country !omen in some areas could moreeasily receive an abortion than could those in other areas.

istory *f Abortion

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9. v. /orgentaler# B37CCD

(:...)1acts6r. enry /orgentaler# 6r. 'eslie 1ranc" :moling and 6r. 9obert:cott !ere all uali

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Issue(s) -he :upreme ourt considered seven issues3. Whether s. 2E3 of the riminal ode violates the rights andfreedoms guaranteed by ss. 2(a)# @# 32# 3E# 2@ and 2C of theharter.2. If such a violation occurs# !hether it is >ustiusti

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6ecison

6octors /orgentaler# :moling and :cott argued that section 2E3of the riminal ode violated a !oman&s guarantee to life# libertyand security of person found in section @ of the harter. -he:upreme ourt of anada ruled that section 2E3 of the riminalode did violate section @ of the harter. -he ourt stated#$forcing a !oman by threat of criminal sanction to carry a fetus toterm unless she meets certain criteria unrelated to her o!npriorities and aspirations is a profound interference !ith a!oman&s body and thus a violation of the security of the person.$

 -he ourt found that section 2E3 caused delays that might resultin psychological or physical harm. Also the ourt said the la! setno standard by !hich the committees could >udge the danger to a!oman&s health. -hirdly# because the section reuired hospitals tohave at least four doctors to authoriFe and perform abortions# theoperation !as simply not available to many !oman !ho relied onsmall or local hospitals.

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 -hesis :tatement

Women should be given more

rights than a fetus as denyingthem an abortion can violate a!omen;s mental integrity# and

physical integrity.

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%hysical Integrity%hysical integrity can also be "no!n as bodily integrity it emphasiFes theimportance of yourself as a human being and selfJdetermination overyour o!n body.

3. Women;s have the right over their o!n health and ho! they !ant to be treated health!ise.

M -he decision of having an abortion or not is a diKcult choice for many !omen

and can cause them emotional distress aecting their emotional health. If a!oman is not prepared for an abortion# it can stress her out and aect heremotional health. :he may start thin"ing of negative things li"e ho! they are goingto raise the baby and get money to support the baby.

2. -here are many health problems associated !ith pregnancies and ho! they are carriedout some are more serious then others.

M

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/ental Integrity -he right to mental integrity includes the

!omen&s ability and selfJ"no!ledge to ma"e theright moral decision.

3. A !omen&s identity is the most important thing to herand the amount of control she as over her body aects

ho! she !ill be seen as throughout society

2. Women&s have the right to choose !hat they !ant todo !ith their body and !hat they choose is right for

their lives.

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What is a fetus?

A fetus is an unborn# developing mammal. -hefetal stage comes after the embryo stage# after

the eighth !ee" of gestation or the 3th !ee" of

pregnancy# and lasts until birth. A normallydeveloping fetus !ill have begun to form ma>or

identifying features at the end of the eighth!ee"# such as its nose and mouth. Its organs !ill

also have begun to develop and !ill continue to

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:ection 2GG(3) Infanticide

2GG. A female person commits infanticide !hen by a !ilful

act or omission she causes the death of her ne!lyJborn child#if at the time of the act or omission she is not fully recoveredfrom the eects of giving birth to the child and by reasonthereof or of the eect of lactation conseuent on the birth ofthe child her mind is then disturbed.

i t t th

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more important then afetus?

3. A !oman is a living person and is bothphysically and mentally developed.

2. A fetus is not considered a human beingscienti

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onclusion

A !omen&s physical integrity means a lot to her#especially in today;s society since people are

often >udged on their physical !ellJbeing. If a!oman mentally decides that having an abortionis right for her# she should be allo!ed to do so.

Women&s rights are more important than those ofa fetus. A !oman is a fully developed human

being and should have the right to do !hatevershe thin"s is morally right for her and her body.