Law Archives - Page 34 of 43 - Protection of Conscience Project Library

(Correspondence) The Canadian abortion law

MM Sereda

Canadian Medical Association Journal, CMAJ — Canadian Medical Association Journal

Extract
In the intensive care unit at the University of Alberta Hospital in Edmonton a fetus weighing 720 g has survived and thrived. By definition, any fetus of that size or larger should be considered potentially viable. . . . . In Alberta in 1975 there were two abortions induced by saline infusion; the fetuses weighed 800 and 1250 g, respectively. These weights were discovered by accident because hospitals allowing abortions prohibit the weighing of aborted fetuses. In fact, one of the fetuses was rushed to an intensive care unit in Edmonton, so it must still have been alive. . . . There is no question that the Criminal Code needs amendment to accomplish two things: (a) to make recording of weights of aborted fetuses mandatory and (b) to make it possible to take criminal action against any doctor who kills a potentially viable fetus by abortion.

Sereda MM. (Correspondence) The Canadian abortion law. Can Med Assoc J. 1977 Feb 05;116(3):247.

(Report) Report of the Committee on the Operation of the Abortion Law

Robin F Badgley, Denyse Fortin Caron, Marion G Powell

Abstract
The procedures set out for the operation of the Abortion Law are not working equitably across Canada. In almost every aspect dealing with induced abortion which was reviewed by the Committee, there was considerable confusion, unclear standards or social inequity involved with this procedure. In addition to the terms of the law, a variety of provincial regulations govern the establishment of hospital therapeutic abortion committees and there is a diverse interpretation of the indications for this procedure by hospital boards and the medical profession. These factors have led to: sharp disparities in the distribution and the accessibility of therapeutic abortion services; a continuous exodus of Canadian women to the United States to obtain this operation; and delays in women obtaining induced abortions in Canada.

Badgley RFB, Caron DF, Powell MG. (Report) Report of the Committee on the Operation of the Abortion Law. 1977;. Available from:

(Correspondence) Life devoid of value?

Heiko Baunemann

Extract
In “The Release of the Destruction of Life Devoid of Value” Hoche, a distinguished psychiatrist, and Binding, a highly respected jurist, persuasively developed the concept of “worthless human beings”, such as the hopelessly crippled, deformed and insane. They stressed the misery and futility of such unfortunate lives and the cruel economic burden they represented to their relatives and society. . . the legalization of abortion by the Canadian Parliament in 1969 have laid the foundation for the legalization of euthanasia, or the killing of people medically judged to be “incapable of meaningful life”, such as mongoloid idiots, imbeciles, the terminally ill, persons with senile melancholia, stroke victims living like “vegetables”, and – well, the sort of people, besides unwanted babies, who would be “better off dead”. Be patient: euthanasia is coming.

Baunemann H. (Correspondence) Life devoid of value?. Can Med Assoc J. 1976;115(11):1086.

(Correspondence) The Canadian abortion law

PG Coffey

Extract
The main thrust of the letter by Drs. Cohen, Rapson and Watters (Can Med Assoc J 114: 593, 1976) is that abortion is good medicine and should not be denied to certain groups of citizens. I think, on the other hand, that liberalized abortion is bad medicine and should be curtailed rather than encouraged. . . . It is becoming increasingly clear that abortion is a hazardous operation with far-reaching effects. . . . After some years abortion tends to be used as a birth control measure. Many women have more than one abortion. Legalizing abortion may not reduce greatly the illegal practice of it and some reports have shown that it has increased this practice.

Coffey PG. (Correspondence) The Canadian abortion law. Can Med Assoc J. 1976 Aug 07;115(3):213, 216.

(Correspondence) A question of conscience

Herbert H Pilling

British Medical Journal, BMJ — British Medical Journal

Extract
Some of your correspondents on this subject seem to be ignoring the fact that the NHS Acts and Regulations impose upon all doctors employed in the Health Service a duty to make available to their patients any treatment which their condition may warrant, and in certain cases one such treatment is the termination of pregnancy. These cases are defined in the Abortion Act 1967 and the clear implication of section 1 (1) of that Act, taken in conjunction with the general duty outlined above, is that a doctor must consider whether any patient requesting a termination of pregnancy falls within the criteria set out in the Act, and if so he must make the appropriate treatment available to her. He need not, however, participate in the treatment.

Pilling HH. (Correspondence) A question of conscience. Br Med J. 1976;2(6029):234-235.

(Correspondence) A question of conscience

JM Alston

Extract
The account which Mr Walley gave of the pressure put on him to agree to carry out abortion against his conscience is a more fully explained example of this method of appointing consultant gynaecologists than others recorded before. . . Whether a candidate believes that abortions should be on demand or restricted, he should answer the questions put to Mr Walley by saying, “I shall do what I think is right and best for each patient.” . . .Can the Department convince anyone that it will suppress dragooning of the kind that Mr. Walley and others have experienced, or should the Minister be taken to court for making a directive which takes away the benefit to Mr. Walley and others of the conscientious objection clause of the 1967 Abortion Act ?

Alston J. (Correspondence) A question of conscience. Br Med J. 1976;2(6026):43.

(Correspondence) The Canadian abortion law

Wendell W Watters, May Cohen, Linda Rapson

Extract
It is obvious even to the federal government that there is a paucity of information on how the Canadian abortion law is working. . . .From the Statistics Canada figures, only one third of eligible hospitals in Canada have therapeutic abortion committees – on paper. In fact, the figures are even lower. . . .an estimated 78 hospitals out of the 258 were essentially nonoperational as far as abortions were concerned. . . Many hospitals place unofficial quotas on the number of abortions performed . . .Physicians on the staffs of many hospitals have little input into hospital policy regarding abortion. . .a large number of Canadian women are unable to obtain this type of medical care in their own communities and are forced to travel great distances in Canada or go to the United States at their own expense. The law clearly discriminates against women who are poor, the group most often in need of this kind of help.

Watters WW, Cohen M, Rapson L. (Correspondence) The Canadian abortion law. Can Med Assoc J. 1976 Apr 03;114(7):593.

(Correspondence) The Morgentaler case

George Carruthers

Extract
Why should an unreasonable jury have the unchecked power to make decisions against the law and the evidence? In my view the court’s power to order a new trial may be inadequate to control a perverse jury. Would justice be served by the unchecked power of juries in Eire refusing to convict IRA murderers, or of all-white juries in the southern United States refusing to convict whites of murdering blacks, or of juries in Sicily regularly discharging members of the Mafia? . . . Morgentaler, I believe, has been justly imprisoned.

Carruthers G. (Correspondence) The Morgentaler case. Can Med Assoc J. 1975 Nov 08;113(9):818.

(Correspondence) The Morgentaler case

Peter N Coles

Extract
I believe that the statement authorized by the Board of Directors after the meeting of General Council regarding our colleague Dr. Henry Morgentaler shows professional bias and unclear thinking tempered with extreme conservatism. . . .The fact that anyone, for whatever charge, can be acquitted twice by a jury and still be in jail is hard to comprehend. The fact that the appeal courts overturned the jury’s verdict and passed sentence without ordering a new trial is a threat to everyone’s liberty.

Coles PN. (Correspondence) The Morgentaler case. Can Med Assoc J. 1975 Aug 09;113(3):181.

(Points from Letters) Abortion (Amendment) Bill

JB Clarke

Extract
Medical ethics are the collective conscience of the profession. It is axiomatic of a profession that its ethical standards are decided by its members. A profession sets a standard of conduct for its members and the essence of professional freedom for a doctor is his right to act in professional matters uninfluenced by any consideration other than the judgement of his fellows.

Clarke J. (Points from Letters) Abortion (Amendment) Bill. Br Med J. 1975 Aug 09;3(5979):373.