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:
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.
Change is inevitable for New Brunswick; the only thing the provincial government can do is slow that change down, although resisting change comes at the high cost of restrictions being placed upon women’s rights and health care. Many who are following the ongoing Morgentaler v. New Brunswick case speculate that the provincial government is stalling the case because they are waiting for Morgentaler to die, as he is growing older and in ill health. If this happens, the case will dissolve and if someone else were to wish to continue with that case they would need to start from the beginning. Even if Morgentaler dies before the case is over, the human rights complaint will still be processed, attacking Regulation 84-20 from the physician’s side rather than from a women’s rights standpoint. Regardless, it is only a matter of time before the federal government chastises New Brunswick for not properly adhering to the Canada Health Act, however this will likely not happen while Prime Minister Harper is in office. I believe the likelihood of the federal government deducting from New Brunswick’s Canada Health Transfer would be increased under a Liberal or New Democratic government, as those parties are far less socially conservative by definition than Canada’s current government.