The Constitutionality of Abortion Policy in New Brunswick – Chapter 2

Tia Beaudoin, a recent Political Science Honours graduate at University of New Brunswick, has kindly offered her thesis as a series of guest blog posts on the subject of the abortion policy in NB, with particular regard to the laws that have resulted in abortion being virtually inaccessible for much of the Maritimes.

As it’s very long, I’ve broken it up into multiple posts:

Cover / Works Cited
Introduction
Chapter 1: A Social and Legal History of Abortion in Canada
Chapter 2: New Brunswick: Openly Defying the Canada Health Act
Conclusion

As an editor’s note, I should point out that Dr. Henry Morgentaler died last May, and after his death, the clinic he founded in New Brunswick — which he’d been fighting to force the government to cover the costs of the procedures done there in the courts over the last 11 years — was forced to close for lack of funding, despite the Canada Health Act requiring funding of abortions. The provincial government, thanks to Regulation 84-20, only covers funding for abortions recommended by two doctors as “medically necessary” — a law that makes it nearly impossible to obtain the two doctors’ sign-off during the mandated first twelve weeks of the woman’s pregnancy. Those two facts essentially make it impossible to get medical funding, and the clinic under Morgentaler had mandated to never turn away a woman in need. As a result, it has lost close to $100,000 over the past ten years.

Worse, the lawsuit was dropped in the wake of the ongoing backlash against Regulation 84-20.

Chapter 2: New Brunswick: Openly Defying the Canada Health Act

Under the Canadian constitution, legislation, regulation, insuring of medical procedures is strictly under provincial jurisdiction.1 The federal Canada Health Act legislates that all provinces must cover medically necessary procedures within their respective provincial health insurance plans in order to be eligible for the Canada Health Transfer; which is a fund given by the federal government to provincial governments to help supplement provincial medical insurance payments among other things. Within the following chapter I will detail the government of New Brunswick’s problematic interpretation of the federal legislative void in which abortion has existed since 1988. 2 Included in this will be an explanation of the relevant court cases ongoing in the province. I will also discuss how the province has continued to be unpunished for its disregard of the Canada Health Act, although the federal government has full knowledge of New Brunswick’s transgressions. In addition I will conclude by discussing the importance of clinic abortion access, along with the numerous benefits these clinics can provide both to the government and to women in New Brunswick. New Brunswick’s abortion policy is operating in contravention to women’s Charter rights on several levels, and is extremely inaccessible when compared to many other Canadian provinces.
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The Constitutionality of Abortion Policy in New Brunswick – Chapter 1

Tia Beaudoin, a recent Political Science Honours graduate at University of New Brunswick, has kindly offered her thesis as a series of guest blog posts on the subject of the abortion policy in NB, with particular regard to the laws that have resulted in abortion being virtually inaccessible for much of the Maritimes.

As it’s very long, I’ve broken it up into multiple posts:

Cover / Works Cited
Introduction
Chapter 1: A Social and Legal History of Abortion in Canada
Chapter 2: New Brunswick: Openly Defying the Canada Health Act
Conclusion

As an editor’s note, I should point out that Dr. Henry Morgentaler died last May, and after his death, the clinic he founded in New Brunswick — which he’d been fighting to force the government to cover the costs of the procedures done there in the courts over the last 11 years — was forced to close for lack of funding, despite the Canada Health Act requiring funding of abortions. The provincial government, thanks to Regulation 84-20, only covers funding for abortions recommended by two doctors as “medically necessary” — a law that makes it nearly impossible to obtain the two doctors’ sign-off during the mandated first twelve weeks of the woman’s pregnancy. Those two facts essentially make it impossible to get medical funding, and the clinic under Morgentaler had mandated to never turn away a woman in need. As a result, it has lost close to $100,000 over the past ten years.

Worse, the lawsuit was dropped in the wake of the ongoing backlash against Regulation 84-20.

Chapter 1: A Social and Legal History of Abortion in Canada

This chapter will give a summary of federal abortion legislation from Confederation until present day. It will also describe the various societal problems associated with each historical stage of abortion legality, such as the widespread and at times deadly practice of illegal abortion. I will discuss how the societal issue of illegal abortion, coupled with the illegality of contraceptives and sexual health information and the sexual revolution and Second Wave feminism of the 1960’s brought about a surge in reproductive justice activism which helped fuel the flames of change in Canada. I will also consider the introduction of the Canadian Charter of Rights and Freedoms, and how it led to one of the most significant moments in the history of abortion in Canada, the Supreme Court’s 1988 Morgentaler decision. I will conclude by describing Prime Minister Brian Mulroney’s designation of abortion as a medical issue, thereby placing it’s regulation under provincial jurisdiction, which led to the numerous problems New Brunswick is facing today.
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The Constitutionality of Abortion Policy in New Brunswick – Introduction

Tia Beaudoin, a recent Political Science Honours graduate at University of New Brunswick, has kindly offered her thesis as a series of guest blog posts on the subject of the abortion policy in NB, with particular regard to the laws that have resulted in abortion being virtually inaccessible for much of the Maritimes.

As it’s very long, I’ve broken it up into multiple posts:

Cover / Works Cited
Introduction
Chapter 1: A Social and Legal History of Abortion in Canada
Chapter 2: New Brunswick: Openly Defying the Canada Health Act
Conclusion

As an editor’s note, I should point out that Dr. Henry Morgentaler died last May, and after his death, the clinic he founded in New Brunswick — which he’d been fighting to force the government to cover the costs of the procedures done there in the courts over the last 11 years — was forced to close for lack of funding, despite the Canada Health Act requiring funding of abortions. The provincial government, thanks to Regulation 84-20, only covers funding for abortions recommended by two doctors as “medically necessary” — a law that makes it nearly impossible to obtain the two doctors’ sign-off during the mandated first twelve weeks of the woman’s pregnancy. Those two facts essentially make it impossible to get medical funding, and the clinic under Morgentaler had mandated to never turn away a woman in need. As a result, it has lost close to $100,000 over the past ten years.

Worse, the lawsuit was dropped in the wake of the ongoing backlash against Regulation 84-20.

Introduction

In an ideal world, women could choose when their bodies would become pregnant, and every child would result from a fully intended pregnancy. Scientifically, we as a society are getting closer to this ideal through an improved understanding of how the human body works, and through the use of contraception. However these methods are still flawed in a number of ways. Many women do not have access to contraceptives, either because they are too expensive or because they live in a restrictive home where they are not able to receive a prescription for birth control, or purchase condoms. Even if contraceptives are used, mistakes or lack of knowledge can still lead a woman to become pregnant. In addition to this, rape and intimate partner abuse is all too common in our society; women should not be expected to prepare themselves to prevent pregnancy from sexual assault. In addition to this, a partner may refuse to wear a condom. There are countless situations when contraceptives are either impossible to access, or their use is ineffective.
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The Constitutionality of Abortion Policy in New Brunswick – cover

Tia Beaudoin, a recent Political Science Honours graduate at University of New Brunswick, has kindly offered her thesis as a series of guest blog posts on the subject of the abortion policy in NB, with particular regard to the laws that have resulted in abortion being virtually inaccessible for much of the Maritimes.

As it’s very long, I’ve broken it up into multiple posts:

Cover / Works Cited
Introduction
Chapter 1: A Social and Legal History of Abortion in Canada
Chapter 2: New Brunswick: Openly Defying the Canada Health Act
Conclusion

As an editor’s note, I should point out that Dr. Henry Morgentaler died last May, and after his death, the clinic he founded in New Brunswick — which he’d been fighting to force the government to cover the costs of the procedures done there in the courts over the last 11 years — was forced to close for lack of funding, despite the Canada Health Act requiring funding of abortions. The provincial government, thanks to Regulation 84-20, only covers funding for abortions recommended by two doctors as “medically necessary” — a law that makes it nearly impossible to obtain the two doctors’ sign-off during the mandated first twelve weeks of the woman’s pregnancy. Those two facts essentially make it impossible to get medical funding, and the clinic under Morgentaler had mandated to never turn away a woman in need. As a result, it has lost close to $100,000 over the past ten years.

Worse, the lawsuit was dropped in the wake of the ongoing backlash against Regulation 84-20.

[Read more…]

Ania Bula needs your help to table at WiS3

Ania Bula and Alexander Gonzalez of Scribbles and Rants are doing a fundraiser to get to Women In Secularism 3. Well, they WERE, until some kind soul paid for their and Miranda’s tickets. Now Ania’s asking for help funding the fundraiser so she can table as well.

Thanks to a generous donation, Alex, Miranda, and my tickets have been taken care of. As such, I am going to up the ante a little bit. If I make my goal, I will use the money that would have gone towards buying a ticket to purchase a table at the con and sell my artwork and a variety of other products of mine. In return, I will donate a percentage of my profits (from the con table) to either the con itself, or to help out the fundraisers of great people to be able to move to safer places.

Considering she’s doing some quite wall-worthy art, it might be worth your time and effort to help her succeed in this endeavour.

Fundraiser is here!

“It’s sad I can’t take my kid”

Someone sent me an email with regard to the timeline I had put together of harassment reports in the secular / skeptical / atheist communities, and it came at a very good moment for me. Just when I was feeling the strain of the sisyphean task of combatting harassment in a community that would rather we have a “big tent” that includes the harassers, this email came to bolster my spirits.

I got permission to republish excerpts in hopes that it helps you too.

I wanted to say thank you for the work you’re doing, because no matter what I say, I will never be taken seriously when I talk about sexual harassment in geek space- because I’m a woman. It’s doubly hard for me now, because my daughter is old enough to start being interested in going to various conventions in geek culture.

The second I say anything, no matter how mild, I’m instantly going to be viciously attacked. I’m moderately used to the nastyness, but I’m completely unwilling to subject my 13 year old child to that sort of crap.

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If only this was a real Canadian Heritage Moment

It’s high-enough quality that it should be. I wonder if Canada will ever commission new ones, or if we’ll just keep seeing the Winnie-The-Pooh one over and over again. Not that I should complain, since there’s a few that are about women’s suffrage and the systemic repression of women in education that still also get circulation. But still — we should celebrate our more recent human rights victories too, right?

Quick, while I have the TERFs and MRAs distracted, go solve all the problems!

Nearly twenty years ago, when I was a sixteen year old wide-eyed innocent who believed the human race is generally good, I was victimized by someone’s lies. I told the story on this blog in hopes of achieving some measure of catharsis for myself, and providing real support to others for whom the same sort of lie had damaged their lives. However, I recognized later that the reason I got off so easy actually meant many people who were really hurt would never see justice, and that this was a problem with society that I would have traded more personal pain to see righted.

Today, someone who ostensibly agrees with me on the existence of the overarching problem with society threw those lies back in my face, attacking me because I disagreed with her that transgender folks should be protected from her attacks, in an effort to poison my Google search results for my name. That someone is Cathy Brennan. And she’s in totally appropriate company in the attempt at poisoning my search results — the same slander is also posted on A Voice For Men.
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Fake tweet, legit topics of discussion.

Piers Morgan is no stranger to controversy lately, where in his TV show’s dying days, he sought to turn Janet Mock’s life into infotainment, doing immense splash damage to trans folks in the process. It’s no wonder people are taking it upon themselves to shame him in innumerable ways.

Like with this very probably faked tweet, apparently taken as a photograph of a computer monitor with visible pixellation, posted by some rapper obviously looking to make a name for himself by inventing a “beef” as the kids say with a public figure:

 

piersmorganfake1

The image is ostensibly of Morgan’s Twitter stream, complete with his avatar and Twitter page background, tweeting a link to www.pornhub.com/asian .

Below the fold, I talk about pornography. Might not be safe for work.
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Vox Day plans on making a game with Historical Versimilitude(TM) by excluding women

It’s been a while since I’ve heard anything about Jerk-Of-All-Trades Theodore Beale, also known as Vox Day. He’s a creationist, an MRA, and a generally self-satisfied, self-proclaimed polymath. And he’s making a video game that, in his words (Manboobz link!), “does not, and will not, have a single female character in it.”

His reasoning:
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