Canadian women confront legacy of Webster decision

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The U.S. Supreme Court's Webster decision has emboldened anti-choice forces in Canada. Although pro-choice forces have successfully mobilized to maintain access to abortion clinics, Operation Rescue (OR) thugs have become increasingly violent. In Toronto, a policewoman was hospitalized for a week after an OR goon pushed her contact lenses into her eye.

Capitalist political figures point to the U.S. decision as a possible model for Canada. Justice Minister Douglas Lewis states that the federal government should seriously consider leaving the question of abortion up to the individual provinces.

Government spokespersons say the question of abortion will definitely be on the agenda in the fall. The Tories are aiming to enact as restrictive a law as possible in Parliament. It's expected that they will then settle for "compromise" legislation containing strict time limits on Ontario Coalition for Abortion Clinics (OCAC) spokesperson Cherie MacDonald told Socialist Action that the Canadian women's movement opposes any new abortion law.

MacDonald explained: "There should be nothing in the Criminal Code. Instead of thinking about limitations, the government should be thinking about how to make access easier. They should use the Canada Health Act, which is supposed to assure equal access to health services, to guarantee full funding for and access to abortion in all the provinces."

The Barbara Dodd case After the U.S. Supreme Court decision, the misnamed "Campaign Life" launched a series of court cases designed to prevent individual women from obtaining abortions.

The first case occurred on July 4 when Greg Murphy, represented by a leading "Campaign Life" attorney, sought an injunction in the Ontario courts to stop his excompanion, Barbara Dodd, from having an alreadyscheduled abortion. This case was heard by Judge O'Driscoll, who had previously written in a book, "Catholic Laymen Speak Out," that abortion is always wrong and illegal.

Despite a Canadian Supreme Court decision clearly stating that a woman has a right to abortion (at least in the early stages of pregnancy) and other court decisions saying the fetus doesn't have the rights of a person, Judge O'Driscoll-ruling against precedent and on his own prejudice—granted the injunction.

As Barbara Dodd appealed this decision, OCAC organized opposition to the ruling. On short notice, approximately 8000 people turned out. A press conference was called by all the major women's organizations.

In addition, the major organizations representing disabled and hearing-impaired people held a press conference protesting the fact that Dodd, a deaf woman, was not provided notice in sign language.

Without ruling on the issues of law, an appeals judge set aside the injunction on a number of technicalities, including the fact that Dodd had been given insufficient notice. He also ruled that Murphy had defrauded the court by testifying that Dodd's doctor claimed having the abortion would severely endanger her health whereas there was little danger of carrying the pregnancy to term. (The doctor submitted a sworn affidavit that this was untrue.)

The Chantal Daigle case At the same time, a "Campaign Life" lawyer in Winnipeg filed suit on behalf of an ex-boyfriend trying to stop an abortion. This time, the judge refused to grant the injunction.

Chantal Daigle's former companion, Jean-Guy Tremblay, went to a Quebec court and—although Daigle was already 17 weeks pregnant-succeeded in gaining a 10-day temporary injunction against her planned abortion.

After the 10 days, the Quebec court granted a permanent injunction, ruling that the fetus is human and that all human beings are protected under the Quebec Charter of Human Rights. The five-member appeals court upheld this ruling by three to two.

This decision sparked an immediate throughout English Canada and Quebec. In the largest pro-choice mobilization in years, 12,000 marched in Montreal, demanding that the Supreme Court of Canada immediately set aside the injunction. Sizable demonstrations were also held in Calgary, Edmonton, Halifax, Hamilton, Kingston, Ottawa, Regina, Saint John, Saskatoon, Thunder Bay, Toronto, Vancouver, Windsor, and Winnipeg.

Men for Women's Choice called a press conference at which they presented a statement signed by prominent Canadian men-including trade-union leaders, actors, authors, and academics.

Last month, when the Supreme Court of Canada unanimously ruled in Daigle's favor, there were victory demonstrations all across the country.

Fall actions are planned Pointing out that abortion has been front-page news for the last month, Cherie MacDonald told Socialist Action that the pro-choice movement plans to continue to build on this momentum and oppose announced attempts to impose new legal restrictions this fall. On Oct. 14, the anniversary of Persons Day (the day that women were declared to be persons) a cross-country Day of Actions for Choice is planned.

MacDonald described how this summer's actions have paved the way for an ever-larger outpouring in the fall: "There's been more visible support from the trade-union movement. There's been more participation from women of color and immigrant women's organizations. New organizations are springing up in towns all over Canada."

"Grass-roots organizing," she said, "will include outreach to the colleges and high schools. More and more people are getting involved. We expect actions in towns that have never seen pro-choice demonstrations before."

A Canadian contingent plans on marching in the Nov. 12 pro-choice rally in Washington, D.C.

30,000 marched in S.F. on April 2.

Even more are expected for Oct. 15.

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