Harper's Conservative Government Is Systematically
Undermining Women's Rights
- "Stop the
Cons!" - Speech
delivered at the noon FREEZE event “Stop the Cons!” Vancouver,
September 28, 2008
“STOP
the Cons!”
Speech delivered
at the noon FREEZE event “Stop the Cons!” Outside the Vancouver Art
Gallery, Robson Street, September 28, 2008.
By Joyce
Arthur, Abortion Rights Coalition of Canada
Thank you! What you’ve just
witnessed here is a FREEZE.
We’re here today to ask you to help
us FREEZE the steady loss of women’s rights under Stephen Harper’s
Conservative government! We want to FREEZE out the Conservatives from
winning the election – especially a majority win! Help us STOP
the Cons!
Over the last few years, the voices
of women and women’s groups have been silenced in Canada, because of
millions of dollars in budget cuts, the elimination of programs that
helped women achieve equality, and the banning of advocacy by women’s
groups that get any funding from the government, forcing some to close.
The Conservatives cancelled the
universal daycare program, and they cut the Court Challenges Program –
a vital program that allowed disadvantaged minorities to take their
equality cases to court. Without that program, our Constitutional
rights are on paper only.
The Conservatives closed most
Status of Women offices across Canada and removed the ability of
women’s groups to advocate for equality. The Conservatives scrapped pay
equity, even though women working full-time still make only 74 cents
for every dollar a man makes. The Conservatives have failed to meet our
international obligations to improve women’s rights. They’ve also been
backtracking on their commitments to human rights at United Nations
meetings.
I’m with the Abortion Rights
Coalition of Canada and we’re also very concerned about women’s
reproductive rights. Harper has changed the selection process for
appointing judges to high courts, and at least two radical, right-wing,
anti-choice judges have been appointed over the last few years in
Ontario and Nova Scotia. The Conservative Health Minister abandoned his
responsibility to enforce the Canada Health Act in New Brunswick, where
the Province illegally refuses to fund the Morgentaler Clinic.
In July, only two months before
promising not to re-open the abortion debate, Harper himself expressed
public opposition to the awarding of the Order of Canada to Dr. Henry
Morgentaler. And 67% of his caucus answered an anti-abortion survey to
say they opposed the award.
Three private member bills have
been introduced over the last year that would endanger or restrict
abortion rights. All three died when the election was called, but it’s
highly likely they will be reintroduced in the next session of
Parliament. If Stephen Harper wins a majority government, the
Conservatives will have the power to pass anti-abortion bills, and they
can be counted upon to use it. In previous elections, we talked about
the “hidden agenda” of the Conservative government. Well, this time
around, it’s no longer hidden.
Stephen Harper said in a recent
interview with the National Post, that his goal was to make
conservatism the natural governing philosophy of the country. He
recently told reporters on the campaign trail that he’s fully convinced
Canada has become more conservative over the last 20 years, and he
argued that Canadians are more accepting of his positions on crime,
taxes, national unity, and social policies relating to families.
Well, Harper is deluded. We still
live in a socially progressive, pro-choice country. A majority of
Canadians consistently support abortion rights and women’s equality.
But a large number of Harper’s MPs are anti-choice. 74% of Conservative
MPs would like to restrict abortion and have spoken out about it.
I mentioned those three private
member bills that would endanger or restrict abortion rights. One would
protect healthcare workers who refuse to provide any medical service
they personally don’t like, including refusing to provide any
information or referrals. This would mostly affect women who need
abortion and contraception services. Another bill would criminalize
abortions after 20 weeks, even in cases of severe fetal defects.
The pro-choice movement and the
women’s movement has spent the last 10 months fighting against the
third private member’s bill called Bill C-484, The Unborn Victims of
Crime Act. This bill creates a separate offence for injuring or killing
a fetus when a pregnant woman is attacked. The bill had already passed
2nd reading by the time the election was called. Almost the entire
Conservative caucus voted in favour of Bill C-484, including Harper
himself. That’s 94% of Conservative MPs (and 28% of Liberal MPs).
Bill C-484 was not necessary,
because the law already allows judges to apply harsher penalties when a
pregnant woman is attacked, and judges do so. The only purpose of Bill
C-484 was to establish the fetus as a legal person and a victim of a
crime, separate from the woman. This has serious implications for the
rights of pregnant women, and for abortion rights. Because if a fetus
has legal rights in one context, that can be used as authority to
expand fetal rights in other areas of law and public policy. In the
United States, 37 states have similar laws, and they’ve been used to
include fetuses in the definition of human being in other laws, such as
child endangerment laws or drug abuse laws. This has led to the
prosecution of pregnant women for allegedly harming their fetuses. For
example, women in the U.S. have been arrested for murder for suffering
a stillbirth. In the same way, Bill C-484 would set a dangerous
precedent for limiting the rights of pregnant women. The bill would
also have been the beginning of an incremental approach to
criminalizing abortion, a leg-up to make it easier for the
anti-abortion movement to pass restrictions on abortion. And that’s
what they said they intended to do. So it’s critical that we not allow
them to get a foot-in-the door.
Bill C-484 was supported almost
exclusively by right-wing, religious, anti-abortion organizations. But
when Bill C-484 passed 2nd reading in March, there was a huge
groundswell of opposition to the bill by medical associations, unions,
student groups, Quebec’s entire legislative assembly, and a broad range
of women’s groups across Canada, all of whom expressed fears that it
could negatively impact abortion rights, as well as women’s rights in
general. When it became clear to the Conservatives that Bill C-484 had
become permanently “tainted” by the abortion issue, they decided to
back off from it. (But not before almost the entire Conservative caucus
had voted in favour of it.) Their attempt to distance themselves from
the bill now is a cynical election ploy to avoid the abortion debate
during a campaign.
But their agenda is now clear. The
Conservative government has already undermined women’s rights, and
continues to pose a major threat to those rights, and to reproductive
rights. If they form a majority government, there will be nothing to
stop them from imposing a socially conservative agenda on Canada,
including laws that restrict abortion, despite their promises to the
contrary. So please send Harper a message that Canadians will not stand
for that. STOP the Cons! FREEZE them out! Please, vote
anything but Conservative! Thank you.
“Don’t
Play With Women’s Rights!”
Speech delivered
at the September 27, 2008 Forum, at the YWCA Vancouver.
By Joyce
Arthur, Abortion Rights Coalition of Canada
The pro-choice movement and the women’s movement has spent the last 10
months fighting against a dangerous private member’s bill called Bill
C-484, The Unborn Victims of Crime Act. This bill died when the
election was called, along with two other private member bills that
could endanger abortion rights. However, it’s quite likely that these
bills will be re-introduced in the next session of Parliament. If
Stephen Harper wins a majority government, the Conservatives will have
the power to pass anti-abortion bills, and they can be counted upon to
use it. In previous elections, we talked about the “hidden agenda” of
the Conservative government. Well, this time around, it’s no longer
hidden.
I like to remind people what
today’s Conservative Party really is. It’s not the old Progressive
Conservative Party from the days of Diefenbaker, Joe Clark, or even
Brian Mulroney. No, this is the far-right-wing Reform Party, the
Alliance Party. They merged with the old Conservative Party in 2003,
but the backbone of the party is still the old Reform/Alliance.
Adopting the name of the venerable Conservative Party simply allowed
them to appear more moderate and credible. In a recent interview with
the National Post, Harper stated, “I said for a long time, and nobody
listened to me for the longest time, that my goal was to make
conservatism the natural governing philosophy of the country. I think
we’re moving the country in the right direction and I also think our
party is becoming, I wouldn’t say centrist, maybe more pragmatic.” He
told reporters on the campaign trail last week that he is fully
convinced Canada has become more conservative over the last 20 years,
and he argued that Canadians are more accepting of his positions on
crime, taxes, national unity, and social policies relating to families.
Well, Harper is deluded. We still
live in a socially progressive, pro-choice country. A majority of
Canadians consistently support abortion rights, women’s equality,
racial equality, and rights for aboriginals and the LGBT community. A
majority of Canadians want commitments to a clean environment and
water, to universal healthcare, a childcare system, and to the
preservation of our entire social safety net. We don’t want a return to
capital punishment, and we’re unhappy that Canada has abandoned our
respected role as peacekeepers in order to wage war in Afghanistan.
Harper and the Conservative
government are out of step with Canadians, and what’s scary, they don’t
seem to realize it, or if they do, they don’t care. I’m going to give
you some examples of what the Conservative government has done to
undermine women’s rights and abortion rights, or how they’ve failed to
protect those rights:
- First, the Conservatives have
been bad for women’s rights in general. They cancelled the universal
daycare program, cut the Court Challenges Program, closed most Status
of Women offices, failed to implement pay equity, and didn’t meet our
international obligations to improve women’s rights. They’ve also
eliminated or made cuts to dozens of other social programs, many of
which women in particular rely on.
- A large number of Harper’s
MPs are anti-choice – 74% of them. I’m not just talking about their own
personal opinions on abortion, I mean their public, political, active
position – 74% of Conservative MPs would like to restrict abortion and
have spoken out about it. Most people don’t realize the percentage is
so high, because Harper has been pretty good at silencing his MPs on
this issue, after several missteps during the 2004 campaign. I’m sure
we all remember MP Cheryl Gallant declaring that abortion was
“absolutely no different” from the beheading of an American in Iraq by
terrorists. Well, she’s still around, running for re-election, along
with most of the other anti-choice MPs.
- After the 2006 election,
Conservative Health Minister Tony Clement dropped negotiations to
persuade the New Brunswick government to fund abortions at the
Fredericton Morgentaler Clinic, which is the last remaining clinic in
Canada to remain a victim of anti-abortion politics. The province is
violating both the Canada Health Act and the 1988 Morgentaler decision,
and the Conservative government is letting them do it with complete
impunity, even though their job is to enforce the Canada Health Act.
- Of course, the Conservative
government has done absolutely nothing to improve access to abortion,
even while abortion remains the only necessary health service in Canada
that meets NONE of the five principles of the Canada Health Act.
- Harper politicized the
selection process for judges, giving the government more power over who
is appointed, and weakening the vetting process, so we can’t be sure
that candidates will be able to set aside strong personal views when
they apply the law. Since 2006, Harper has appointed at least two
radical right-wing and anti-choice judges, David Brown to the Ontario
Superior Court, and Lawrence O’Neil to the Supreme Court of Nova Scotia.
- In July, only two months
before promising not to re-open the abortion debate, Harper himself
expressed public opposition to the awarding of the Order of Canada to
Dr. Henry Morgentaler. And 67% of his caucus answered an anti-abortion
survey to say they opposed the award (as well as 21% of the Liberals).
- Conservative MP Maurice
Vellacott introduced a private member bill in April that would protect
healthcare workers who refuse to provide medical care, or even
information or referrals, for any service that violated their personal
religious beliefs. The bill appears to violate at least 8 sections of
the Code of Ethics of the CMA. It’s basically a carte blanche exemption
from the duty to practice medicine, and from ethical obligations to
patients. But it would mostly affect women who need abortion and
contraception services.
- Another private member bill,
to criminalize abortion after 20 weeks, was introduced by Liberal MP
Paul Steckle last October. Both those bills died when the election was
called, along with Bill C-484. But these bills are indicative of the
anti-abortion sentiment of most of the Conservative caucus and a good
chunk of the Liberal caucus. A bipartisan Pro-Life Parliamentary
Committee has been in operation for the last several years, we don’t
know how many members it has, but probably at least 20 or more MPs,
mostly Conservatives. Many of these MPs speak out regularly at
anti-choice rallies and conferences.
- Since 1996, at least 11
private members bills or motions endangering or criminalizing abortion
have been introduced, mostly by Conservative MPs. Some of the same
bills have come up repeatedly, including Vellacott’s bill and Steckle’s
bill. In fact, Bill C-484, the Unborn Victims of Crime Act, was first
introduced in 2004 as a motion by Conservative MP Gerry Breitkreuz.
- Almost the entire
Conservative caucus voted in favour of Bill C-484 at 2nd reading,
including Harper himself. That’s 94% of Conservative MPs (and 28% of
Liberal MPs).
I believe the Conservatives thought
that Bill C-484 would slip under the radar, because on the surface, it
seemed like a feel-good bill that wouldn’t affect abortion rights.
Prior to that vote last March, the Abortion Rights Coalition of Canada
was the voice in the wilderness warning about the dangers of this bill.
We knew by January that the bill had a very good chance of passing
second reading, but no-one took the bill too seriously until it
actually passed.
The only purpose of Bill C-484 was
to establish the fetus as a legal person and a victim of a crime,
separate from the woman. This has obvious implications for the rights
of pregnant women, and for abortion rights. Although the bill
specifically exempted abortion, and exempts the pregnant woman from any
liability, the problem is the precedent the bill would establish. If a
fetus has legal rights in one context, that can be used as authority to
expand fetal rights in other areas of law and public policy. In the
United States, so-called fetal homicide laws have been used to include
fetuses in the definition of child and human being in other laws, such
as child endangerment laws or drug abuse laws. This has led to the
prosecution of pregnant women for allegedly harming their fetuses. But
Ken Epp, the Conservative MP who introduced the bill, has consistently
misrepresented his bill as being very narrow and specific, and has
refused to acknowledge that it would set a dangerous precedent for
limiting the rights of pregnant women. Epp’s bill would also have been
the beginning of an incremental approach to criminalizing abortion, a
leg-up to make it easier for the anti-abortion movement to pass
restrictions on abortion. That’s why it’s critical that we not allow
them to get a foot-in-the door. And by the way, Bill C-484 was
supported almost exclusively by right-wing, religious, anti-abortion
organizations.
After the bill passed 2nd reading
in March, there was a huge groundswell of opposition to the bill by
medical associations, unions, student groups, Quebec’s entire
legislative assembly, and a broad range of women’s groups across
Canada, all of whom expressed fears that it could negatively impact
abortion rights, as well as women’s rights in general. When it became
clear to the Conservatives that Bill C-484 had become permanently
“tainted” by the abortion issue, they decided to back off from it. Just
before the election was called, the Conservative government said they
would introduce a new bill that would make pregnancy an aggravating
circumstance in an attack on a pregnant woman, to allow for harsher
penalties. I won’t debate the merits or not of that particular proposed
bill, except to say that we haven’t seen the wording of it yet and we
can’t trust the Conservatives. The bill is not necessary at any rate,
because judges already have the discretion to apply harsher penalties
in these circumstances and they do. So this new proposal was simply a
sop to the women’s movement and to medical organizations, and a way to
try and avoid the abortion issue during an election campaign. Because
in spite of Harper’s confident assertion that Canadians are becoming
more conservative, he knows that any whiff of anti-abortionism is
political suicide in an election. Not only do the media pounce like
sharks on any anti-choice misstep, a majority of Canadians are
pro-choice. According to a June 2008 Angus Reid poll, 49% of Canadians
think abortion should be legal under any circumstances, 42% want it
legal in at least some cases, and only 5% would ban it outright.
To conclude, the Conservative
government has already undermined women’s rights, and continues to pose
a major threat to those rights, and to reproductive rights. If they
form a majority government, there will be nothing to stop them from
imposing a socially conservative agenda on Canada, including laws that
restrict abortion. So please send Harper a message that Canadians will
not stand for that. Vote anything but Conservative! Thank you.