Henry Morgentaler awarded Order of Canada

[Every Breaking Wave]

This is quite a controversial issue. For those who don't know, Henry Morgentaler is known as the father of abortion in Canada.

In the 1950's he moved to Canada after surving the Holocaust in Germany, and began to practice medicine in Montreal. Believing abortion to be a woman's right if she chose, he left his workplace at odds with his co-workers in 1967. In 1969, he left his general practice and began to perform abortions illegally (at the time it was legal only if the life of the mother was at risk if she were to give birth).

In 1970 he was arrested for performing illegal abortions. After being acquitted, the decision was overturned and he spent 10 months in prison; he appealed and was acquitted again. Following this, he moved from Quebec to Ontario and continued the practice. He was arrested again in 1983, where he was acquitted for a third time before the decision was overturned. The case made it to the Supreme Court, and Morgentaler was aquitted a fourth time. The Supreme Court then ruled that the law he had been charged under violated rights guaranteed under the Charter of Canada, and that the law was therefore unconstitutional. This essentially meant that abortion was no longer illegal in Canada.


Morgentaler among those named to Order of Canada
Source

Gov. Gen. Michaëlle Jean has named a leading abortion rights crusader to the Order of Canada, news that has outraged anti-abortion groups.

Dr. Henry Morgentaler is one of 75 Canadians to receive honours for their contribution to the country. The Governor General announced the new inductees on Tuesday after the names were recommended by an advisory panel.

Anti-abortion Conservative MPs are stressing that appointments to the order are not made by cabinet. Nine people, including two government appointees, sit on the Order of Canada panel.

MP Maurice Vellacott, a Conservative from Saskatchewan who opposes abortion, told the Globe and Mail on Monday that he heard Morgentaler's appointment was not unanimous.

"This is a pretty divisive issue," he said. "I think we can all agree on that, so why would we have the highest honour in the country being issued when there is obviously a strong difference of opinion about it?"

Anti-abortion groups were more direct in their condemnation of the appointment.

The Campaign Life Coalition said it is dreadful that a man who spent his life performing abortions should be honoured. The coalition is urging other Order of Canada recipients to return their medals in protest.

"If Morgentaler had any integrity, he would refuse the medal," Mary Ellen Douglas of the coalition said in a news release. "This presentation should be given to people who have made Canada a better place to live and the elimination of thousands of human beings who would have contributed to the future of Canada is a disgrace, not an honour."

'Hero to millions'
Now 85, Morgentaler, a Polish Holocaust survivor who immigrated to Montreal after the war, opened his first abortion clinic in 1969 and performed thousands of procedures, which were illegal at the time.

Morgentaler, a trained family physician, argued that access to abortion was a basic human right and women should not have to risk death at the hands of an untrained professional in order to end their pregnancies.

Morgentaler's clinics were constantly raided, and one in Toronto was firebombed. Morgentaler was arrested several times and spent months in jail as he fought his case at all court levels in Canada.

His victory came on Jan. 28, 1988, when the Supreme Court of Canada struck down Canada’s abortion law. That law, which required a woman who wanted an abortion to appeal to a three-doctor hospital abortion committee, was declared unconstitutional.

Feminist and author Judy Rebick told the Globe and Mail on Monday that it is about time Morgentaler is honoured for his long battle.

"Dr. Morgentaler is a hero to millions of women in the country," she said. "He risked his life to struggle for women's rights … He's a huge figure in Canadian history and the fact that he hasn't got [the Order of Canada] until now is a scandal."

Among the 75 appointments to the Order of Canada are former prime minister Kim Campbell, musician Randy Bachman and CBC News anchor Peter Mansbridge, according to the Governor General's website. They will receive their medals at a later date.

Canada Family Action Coalition files request to revoke Morgentaler's Order
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The Canada Family Action Coalition says it has filed an official request to have the Governor General strip Henry Morgentaler of his membership to the Order of Canada.

President Charles McVety says the abortion pioneer's conduct is unbecoming of a member of the Order of Canada.

The coalition is citing the Constitution of the Order of Canada in its request and says Morgentaler's conduct fits the criteria to lose his membership.

The constitution states that termination of a person's membership can be considered if their behaviour "constitutes a significant departure from generally-recognized standards of public behaviour which is seen to undermine the credibility, integrity or relevance of the Order."

It also states that termination be considered if the member "has been subject to official sanction, such as a fine or a reprimand, by an adjudicating body, professional association or other organization."

McVety says Morgentaler's admission that he broke the law and the fact he had his medical license suspended for one year by the Professional Corporation of Physicians of Quebec means he should lose his membership.

But the coalition, which bills itself as a group dedicated to restoring Judeo-Christian moral principles in Canada, admits it probably won't have its request granted.

The Advisory Council must accept the coalition's request and recommend it to the Governor General but that seems unlikely since it was the council that appointed Morgentaler in the first place, said McVety.

"We're not confident in the process because you're appealing to the very people that appointed him in the first place, which is not very transparent, there's not a lot of fairness," he said.

Morgentaler 'honoured' by Order of Canada; federal government 'not involved'
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Abortion rights activist Dr. Henry Morgentaler said Wednesday he's "genuinely honoured" to receive the Order of Canada, an award that has generated controversy and caused Prime Minister Stephen Harper's government to distance itself from the decision.

Speaking at a news conference at his Toronto abortion clinic, Morgentaler said he was proud to be named to the prestigious order.

"It's an appointment I deserve, even if I say so myself," Morgentaler said to laughter from his supporters and journalists.

"Canada has set an example," the 85-year-old said, adding he hopes other governments and countries will take notice of how the nation deals with abortion rights.

"Now, in this country ... abortion has become one of the safest surgical techniques," he said. "The safety and health of women has been preserved and I'm very proud of that."

Gov. Gen. Michaëlle Jean named Morgentaler to the Order of Canada Tuesday for his services to women and for leadership in the fields of humanism and civil liberties.

The Harper government said it had nothing to do with the appointment, which was announced by the Governor General’s office on the advice of a high-powered committee.

“The Conservative government is not involved in either deliberations or decisions with respect to which individuals are appointed to the Order of Canada,” said a statement issued Tuesday evening by Dimitri Soudas, a spokesman for Harper.

“Rideau Hall makes these appointments based on the recommendations of the Advisory Council for the Order which is chaired by the chief justice of the Supreme Court of Canada,” the statement continued.

Decision is 'controversial': Tory MP
Other members of the advisory committee include the Clerk of the Privy Council and the deputy minister of Canadian Heritage.

Anti-abortion Conservative MPs have deplored the appointment, while women’s rights activists have said it was overdue.

Edmonton Tory MP Ken Epp, who has a private member's bill before the House of Commons that would allow criminal charges to laid if a fetus dies or is injured in an attack on a pregnant woman, said Morgantaler’s supporters have gone too far.

“As far as I’m concerned, it is indeed controversial,” Epp told the Toronto Star.

The Roman Catholic archbishop of Toronto, Thomas Collins, said the country’s highest honour had been “debased.”

In a statement, Collins invoked the names of Frederick Banting and Charles Best, who co-discovered insulin in 1921, and are both celebrated as medical heroes in this country.

“Now it honours with the Order of Canada a medical man who has brought, not healing but the destruction of the defenceless and immeasurable grief," Collins said.

Respect, celebrate decision: Dion
Liberal leader Stéphane Dion said the award should be respected and celebrated.

“Dr Morgentaler has stood up for a woman’s right to choose for his entire career, often at great personal risk,” said a statement issued by Dion’s office.

Feminist and author Judy Rebick said on Monday that it is about time Morgentaler is honoured for his long battle for abortion rights for women.

"Dr. Morgentaler is a hero to millions of women in the country," she said. "He risked his life to struggle for women's rights … He's a huge figure in Canadian history and the fact that he hasn't got [the Order of Canada] until now is a scandal."

Morgentaler, a Polish Holocaust survivor who immigrated to Montreal after the war, opened his first abortion clinic in 1969 and performed thousands of procedures, which were illegal at the time.

1988 court decision vindicates him
A trained family physician, Morgentaler argued that access to abortion was a basic human right and women should not have to risk death at the hands of an untrained professional in order to end their pregnancies.

His abortion clinics were constantly raided, and one in Toronto was firebombed. Morgentaler was arrested several times and spent months in jail as he fought his case at all court levels in Canada.

His victory came on Jan. 28, 1988, when the Supreme Court of Canada struck down Canada’s abortion law. That law, which required a woman who wanted an abortion to appeal to a three-doctor hospital abortion committee, was declared unconstitutional.

Canada now has no federal laws governing abortion, and leaves regulation of the procedure up to the provinces.

BC priest returning Order of Canada over Morgentaler

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A B.C. priest who worked extensively with troubled teenagers in Saskatchewan is returning his Order of Canada after learning that abortion crusader Dr. Henry Morgentaler has been awarded the same honour.

Rev. Lucien Larré said he means no disrespect to the Governor General, but said he must return the Order of Canada because Morgentaler's appointment degrades the award for those who believe in the sanctity of life.

"I feel in my conscience that Dr. Morgentaler was not appropriate because there are too many people in Canada who are against him and do not see him as a model or an inspiration," Larré said Thursday.

Gov. Gen. Michaëlle Jean named Morgentaler as a member of the order on Tuesday for his services to women and for leadership in the fields of humanism and civil liberties. The appointment was made on the advice of the Order of Canada selection committee.

Larré, who lives in the Vancouver-area city of Coquitlam, said he isn't acting as a representative of the Archdiocese of Vancouver in his rejection of the Order of Canada, but as a private citizen struggling with a matter of conscience.

"Sometimes, life is difficult, and a person has to make decisions according to their conscience and you have to draw a line in the sand, and I did that," he said.

Registration as psychologist suspended in 2006

Larré has come under fire in British Columbia, where he practised psychology from 1998 until 2006, when his registration as a member of the College of Psychologists of British Columbia was suspended following an investigation into complaints about his competence.

The nature of the complaints has never been revealed, but Larré has promised not to practise psychology in B.C.

Larré said at a news conference that he offers "spiritual and educational" counselling.

"I don't work as a psychologist. I just work as an educational consultant. I can help people with things exactly like I did before I had my doctorate," he said.

But outside Larré's Coquitlam office Thursday, Jemma McKenzie told CBC News she was there for "psychology counselling for my children."

Convicted of assault in 1992

Larré was also a controversial figure in Saskatchewan, a province he left in the 1990s.

He opened the Bosco Homes in Regina for teenagers with emotional troubles and addictions in 1970, drawing praise for his dedication to helping those in need. His work earned him the Order of Canada in 1983, when he was cited for succeeding "beyond measure in restoring the lost to their rightful place in society."

But in 1992, a Saskatchewan jury convicted him of two counts of physically abusing children in his care at Bosco, according to Canwest News Service. Canwest said one of his convictions centred on the accusation that Larré forced pills down the throat of a teenager to teach her a lesson about drug abuse.

He was sentenced to one day in jail and paid a $2,500 fine, but in 1997, the National Parole Board of Canada pardoned him and erased the convictions against him, Canwest said.

Morgentaler fought to legalize abortion

Some Order of Canada recipients have said they feel no reason to protest Morgentaler's appointment. Former Vancouver mayor Philip Owen, who was made a member on the same day as Morgentaler, said he respects the Supreme Court of Canada's decision to legalize abortion, and would not consider rejecting his award.

"It's a great privilege, I'm deeply honoured, and I think the tradition works beautifully and it should be carried on," he said. "We should move on from Dr. Morgentaler. We're just making a huge deal out of this."

Morgentaler, a Polish Holocaust survivor who immigrated to Montreal after the Second World War, struggled for decades to have abortion legalized in Canada.

He opened his first illegal abortion clinic in Montreal in 1969 and performed thousands of procedures. A trained family physician, Morgentaler argued that access to abortion was a basic human right and women should not have to risk death at the hands of an untrained professional in order to end their pregnancies.

His abortion clinics were constantly raided, and one in Toronto was firebombed. Morgentaler was arrested several times and spent months in jail as he fought his case at all court levels in Canada.

On Jan. 28, 1988, the Supreme Court of Canada struck down Canada’s abortion law. That law, which required a woman who wanted an abortion to appeal to a three-doctor hospital abortion committee, was declared unconstitutional.

Canada now has no federal laws governing abortion, and leaves regulation of the procedure up to individual provinces.

Abortion crusader deeply divides Canadian society
Source

He’s 85 years old and is Canada’s most visible pro-choice activist. And despite his age and the decades behind his struggle, he remains as passionately committed to his controversial cause — ensuring that all Canadian women have access to safe, legal abortions.

Dr. Henry Morgentaler was named to the Order of Canada in 2008. (Canadian Press) Dr. Henry Morgentaler's crusade can be traced back to the horrors of his early life, which he considers to be pivotal to his eventual career choices.

A Polish Jew, he survived the Auschwitz death camp (where he was tattooed with No. 95077). Both of his parents, however, died at the hands of the Nazis.

Morgentaler has pointed many times to what he saw as one of the root causes of Adolf Hitler’s death machine — unwanted children who were fighting back against a family that abused them. "Well-loved children grow into adults who do not build concentration camps, do not rape and do not murder," he said in June 2005 at London's University of Western Ontario, where he was awarded his first honorary degree.

Audrey Mehler, the producer of a CBC Life and Times biography of Morgentaler, believes those Auschwitz years instilled in him a desperate drive to accomplish something positive.

“He was nearly in tears as he described his need to redeem his life, to make his survival of the Nazi death camps count for something in this world,” she said.

For his path to redemption, Morgentaler has been both greatly honoured and deeply vilified, displaying the schisms in Canadian society on abortion. Controversy arose again when he was named to the Order of Canada in July 2008.

Joyce Arthur of the Abortion Rights Coalition of Canada said she was "ecstatic" at the honour, adding that Morgentaler is "the epitome of what the Order of Canada is looking for because of his sacrifice and his dedication."

At the same time, the Archbishop of Toronto, the Most Rev. Thomas Collins, referred to Morgentaler's Order of Canada appointment as "tragic." He said Morgentaler has caused "great evil and great suffering, and the destruction of the most defenceless."

Dramatic debut on the national stage
After his liberation from Auschwitz, Morgentaler won a scholarship and used it to study medicine in Germany. The new doctor and his wife emigrated to Canada in 1950 and settled in Montreal, where he practised medicine, embraced humanism and enjoyed life.

In 1967, Morgentaler made his debut on the national stage and entered the abortion debate in a dramatic way. He testified before a government committee considering changes to the abortion law, advocating that any woman should have the right to end her pregnancy without risking death.

It was a bold statement. At the time, performing an abortion could land a doctor in jail with a life sentence. Women who had abortions faced imprisonment of up to two years.

Against that backdrop, Morgentaler at first refused requests to end pregnancies. But by 1969, he said he could refuse no longer. He opened an abortion clinic in Montreal and openly began performing abortions illegally — thousands of them. It was no secret; he gave interviews and even allowed TV news crews to film. He viewed the access to abortion as a simple matter of human rights.

Condemnation came quickly and on a variety of fronts. It didn’t take long for his first arrest.

He was subsequently acquitted by a jury. But the Quebec Court of Appeal overturned that acquittal and sentenced him to prison. He served 10 months in Montreal’s Bordeaux Jail.

The law was eventually changed so that a jury acquittal could no longer be overturned on appeal, another piece of Morgentaler's legacy.

There would, of course, be many more arrests, two more jury acquittals (one in Quebec and one in Ontario), at least eight raids on his clinics, one firebombing and huge legal bills.

Battles after the Supreme Court victory
Then, on Jan. 28, 1988 — a day he calls the greatest of his life — the Supreme Court of Canada struck down Canada’s abortion law. That law, which required a woman who wanted an abortion to appeal to a three-doctor hospital committee, was declared unconstitutional.

It was a huge victory for Morgentaler and his supporters. “Finally, we have freedom of reproduction in this country,” he said. He called it a victory for women, common sense and justice.

But the high court ruling did not specifically enshrine the right of a woman to have access to abortion. Rather, it tossed out the federal law that regulated it; that made it like any other medical procedure governed by the Canada Health Act.

One of those principles is equal access. Two decades after the Supreme Court ruling, some hurdles still remain in many parts of the country.

Although slowed by a severe stroke, Morgentaler is still battling some provincial governments that don’t pay for abortions in private clinics (he now has six across the country) and railing against those who, in his view, throw roadblocks in the way of women who seek to end unwanted pregnancies.

To be sure, many critics say his legacy is not one to be celebrated. But Morgentaler makes no apologies, calling them misguided. He rejects their view that an embryo is a baby, that ending a pregnancy is ending a life. A blueprint is not a building, he says, an egg is not a chicken.

His religious opponents say they will continue to pray for him; all his foes say they'll continue to fight.

Four decades after Morgentaler first ignited a firestorm with his call for legal abortions, about 100,000 Canadian women every year undergo the procedure. Almost a fifth of abortions are performed in his clinics.

QUICK FACTS

Number of abortions performed in Canada in 2004: 100,039.
Number performed in 1987 (the year before the Supreme Court ruling): 70,023.
Source: Statistics Canada

KEY DATES

1923 — Henry Morgentaler born in Lodz, Poland.

1950 — Moves to Canada after surviving Holocaust.

1955 — Starts a family practice in Montreal.

1967 — Urges Commons committee to reconsider abortion law.

1969 — Opens Montreal abortion clinic.

1974 — Acquitted by Quebec jury, later overturned by Quebec Court of Appeal. A jury later acquits Morgentaler a second time.

1984 — Acquitted by Ontario jury on abortion charges along with two other doctors.

1988 — Hails Supreme Court of Canada ruling striking down the abortion law as unconstitutional.

2005 — Receives honorary degree from the University of Western Ontario in London.

2008 — Named to the Order of Canada.

 

[Fig]

The Canada Family Action Coalition is being frivolous in their attempt to make a point.

(Because, somehow, it seems to me the Governor General and other parties involved in *GRANTING* the order in the first place were quite aware of those various public-domain incidents dating back three decades ago. If they weren't seen as an obstacle to his getting the Order, why should they be a reason to strip him of it? Seems to me that there's an implicit "things done or revealed after getting the order" somewhere in there...)

On the other hand, I can certainly understand why anti-abortion people would be less than pleased with this, and (on THIS particular issue) have to admit to some grudging respect for the B.C. priest. I do not agree with him, but renouncing his Order of Canada to denounce (what he feels to be) the bastardization thereof command some respect.

Personally, I have a good deal of respect for Dr. Morgentaler - being that it takes a special kind of people to defy laws and fight this sort of legal battle to victory. I think the Order is deserved, but I can definitely see how others would feel very different.

 

[Every Breaking Wave]

To me, it isn't a question about when life begins, but a question of when sentience begins.

I am glad Morgentaler has been given this honour; today, abortions are among the safest procedures. It is a case where somebody has fought their entire lives for what they believe in. This recognition is important.