There is No Charter Right to Abortion in Canada

Letter presented to MP Bryan May

Jan. 26, 2018

Dear Mr. May,

On behalf of the membership of Cambridge Right to Life, we’d like to thank you for meeting with us today.

This Sunday, January 28th, marks the 30th anniversary of the day the Supreme Court of Canada struck down Canada’s abortion law, which took away all legal protection for children in the womb. In the almost 50 years that abortion has been permitted in Canada, 4 million Canadian babies have been killed by abortion.

We mourn the loss of each and every one of these children, whose lives were lost as a direct result of politicians (of all political parties) who have abandoned their role as just legislators.

It has been said that if one repeats a lie often enough, people will begin to believe it. Our Prime Minister is going to great lengths to convince the Canadian public that abortion is a ‘Constitutional right’, a ‘Charter right’ and even a ‘Charter value’. We’re not sure if this is an intentional lie or willful ignorance, but this misinformation has certainly caused a kerfuffle and in the process has turned our Charter of Rights and Freedoms upside down.

We’re here today to set the record straight.

The 1988 Morgentaler decision DID NOT declare that abortion is a constitutional right, rather the court indicated that the mother’s rights should be balanced against the child’s rights.

As National Post journalist Kelly McParland recently pointed out, “there is no wording in the Charter that offers a constitutional right to abortion. Nor is there anything in the law, since there is no abortion law in Canada. The Supreme Court’s 1988 ruling on abortion threw out the legislation that existed at the time, but left a vacuum in its wake, which no government has had the nerve to fill. Suggesting Canada has “hard won rights and freedoms” that protect the right to terminate unborn children is simply not true…”

Just last week, Canada’s state broadcaster, the CBC, admitted that Trudeau is wrong about calling abortion a Charter right: “…that decision didn’t recognize a constitutional right to abortion under the Charter. While it did nullify Canada’s existing abortion law, the Court left it to Parliament to come up with new legislation that would balance the rights of women with the state’s interest in the protection of the fetus, within the bounds of the charter.

Furthermore, we find it deeply troubling that our Prime Minister is attempting to demonize pro-life Canadians who, in his words are “out of touch” with Canadian society.

His explanation for denying equal access to public benefits through the Summer Jobs Grant Program and the Student Jobs Corp, solely because these otherwise very deserving Canadians don’t agree with the government’s position on abortion, is antithetical to a free and democratic society and the rights which actually are enshrined in the Charter.

In an opinion piece in The Record, Peter Shawn Taylor is critical of the Liberal government’s new policy saying, “You might obey all the laws of the land, take off your hat for the anthem and participate broadly in civil society. But for Justin Trudeau, that’s not enough. For our prime minister, loyalty also means swearing allegiance to the Liberal platform. And anyone who isn’t prepared to conform will find themselves denied basic opportunities that should be available to all law-abiding Canadians.”

We find it ironic that Prime Minister Trudeau insists Canadians support “diversity and inclusion,” when through this new attestation requirement, he himself does not.

On behalf of the 1200 membership of Cambridge Right to Life, who live in your riding, Mr. May we ask you to call upon Prime Minister Trudeau and the government to refrain from referring to abortion as a Charter Right and to rescind the undemocratic and unconstitutional attestation provision, which violates the Charter right to: freedom of religion, thought, belief, opinion and association. Of equal importance, we call upon Parliament to follow the 1988 Supreme Court’s recommendation to craft a law that protects all pre-born children.

 We thank you for representing these concerns on our behalf.

 

Yours for Life,

 

Cambridge Right to Life

See our Press Release here

 

 

 

 

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