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Henry Morgentaler

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1187:. The movie is described thus: "It chronicles how the physician defiantly began his fight for women's reproductive rights in 1967, even serving time in a Quebec prison in 1975 on abortion charges. The story culminates with the Supreme Court of Canada deciding to strike down this country's abortion laws in 1988." In an interview with CTV, Morgentaler explains: "I got involved because this was, for me, a fight for justice, for fundamental justice, and the fact that I could possibly do something to help women in spite of a law which did not allow me to do it." "I was willing to go to jail, I was willing to die for it," he told CTV's Canada AM Wednesday. "So when I look back on it, I look at a life of achievement because I achieved a great deal and I'm very proud of it." 797:
by Progressive Conservative Prime Minister Brian Mulroney, introduced Bill C-43, which would punish doctors with prison terms if they performed abortions for women whose health was not at risk. It passed the House of Commons by a close vote of 140–131 in a blaze of publicity. It was not yet law, but within a week a 20-year-old university student bled to death in residence from a self-induced coat hanger abortion. A teenage girl was injured in a botched back-alley abortion. These casualties of unwanted pregnancy received considerable publicity and abortion rights demonstrations were held after the death of the student, protesting Bill C-43. The bill was defeated in the Senate by a tie vote in early 1991 and the casualties of illegal abortion ceased.
432:. There was, however, no requirement for a hospital to set up a committee and only about one-third of hospitals did. This left many areas without legal abortion, forcing women to travel and inducing barriers and delays. Some committees never met. Even if they did, they never saw their "patient" and yet her fate was determined by their subjective opinions. In addition, there was no appeal of a TAC's decision. Morgentaler's abortions remained illegal under the new law because he did not submit them in advance to a TAC for approval; they became legal in 1988, when section 251 of the 417:
and that he was shirking his responsibility. Eventually, in spite of the risks to himself—loss of career, a prison term for years or for life—he decided to perform abortions and, at the same time, challenge the law. He knew from other doctors and from newspaper reports that women in Montreal had died from incompetently performed abortions. He knew that the women were determined to get abortions in spite of the danger to their health and lives. He knew that he could prevent those unnecessary deaths, so he determined to use civil disobedience to change the law.
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has set us apart from the rest of the developed world. Canadian women enjoy the right to safe and legal abortions largely because Henry Morgentaler fought a long battle on their behalf. For his trouble, the unflappable Dr. Morgentaler stood trial, languished in prison, and received numerous death threats. What drove him to take such risks? "The realization that a terrible injustice was being done to women and the conviction that it was necessary to change the situation to provide help for those who needed it," replies the retired physician via email."
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abortions were illegal. According to Catherine Dunphy's 1996 biography of Morgentaler, the committee "commented on 'an attitude which is primarily directed to protecting his fees. No really valid interview is held before proceeding with the abortion. This behaviour confers a mercenary character in the doctor-patient relationship. This committee is incapable of reconciling this behaviour with the humanitarian concern that the accused invoked throughout his defence.'"
705:"The decision of a woman to terminate her pregnancy falls within the class of protected decisions profound psychological, economic and social consequences for the pregnant woman ... The right to reproduce or not to reproduce ... is properly perceived as an integral part of modern woman’s struggle to assert her dignity and worth as a human being ... The purpose of is to take the decision away from the woman and give it to a committee." 660:, which directed a new trial. Once again, an appeal court had overturned a jury acquittal. Once again, Morgentaler appealed to the Supreme Court of Canada. This time, Morgentaler challenged the law as unconstitutional on the grounds that it denied women the right to life, liberty, and security of the person. At all levels (jury trial, Court of Appeal, Supreme Court), Morgentaler was represented by Ontario constitutional lawyer Morris Manning. 864:
since all scheduled abortions were carried out in alternative locations. No one was hurt but the building had to be demolished. The Women's Bookstore next door was also damaged. As a result of the arson, the Ontario government decided to spend $ 420,000 on improved security for abortion clinics. At the time, all four free-standing clinics in Ontario were in Toronto. The government wanted to gather information about activities by
38: 607:(CARAL) in Ottawa. The aim of CARAL was to support Morgentaler's challenge of the 1969 abortion law requiring approval of a Therapeutic Abortion Committee (TAC) before an abortion could be legally performed (without requiring TACs to be formed or to meet). The organization formed provincial and local chapters across Canada and helped to raise funds for Morgentaler's legal fees. The group also supported Morgentaler's use of 735:, 1989. Nova Scotia then sought an injunction to stop Morgentaler from performing clinic abortions. The injunction was granted on the ground that there was an overwhelming need to ensure that provincial laws are respected. It rejected the argument that the Supreme Court's 1988 decision in R. v. Morgentaler prohibited provinces from passing laws that simply made clinic abortions illegal. 719:, provincial medical regulations, and health insurance restrictions still applied. In particular, provinces could refuse to pay for clinic abortions; but they could not demand that TACs be used to screen the procedures for approval, nor could they forbid abortion outright. Morgentaler has described this as the happiest day of his life. 412:"I hadn't expected the avalanche of requests and didn't realize the magnitude of the problem in immediate, human terms. I answered, 'I sympathize with you. I know your problem, but the law won't let me help you. If I do help you, I'll go to jail, I lose my practice—I have a wife and two children. I'm sorry, but I just can't!'" 1007:
Dr. Morgentaler used both his professional status and personal skills to fight for women’s rights, while placing himself at risk. His actions have brought about fundamental changes in Canadian law and to the health care system and in so doing dramatically affected for the better the lives of Canadians from coast to coast.
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on July 1, 2008; he was recognized "for his commitment to increased health care options for women, his determined efforts to influence Canadian public policy and his leadership in humanist and civil liberties organizations." Abortion-rights activists applauded the decision, saying Morgentaler put his
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In 1976, the Disciplinary Committee of the Professional Corporation of Physicians of Quebec suspended Morgentaler's medical licence for a year as a result of his conviction for having performed an illegal abortion. As he operated outside hospitals and without a Therapeutic Abortion Committee, all his
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While no precise figures exist, it is estimated that approximately 4,000 to 6,000 Canadian women died from illegal abortions between 1926 and 1947. This lesson was reinforced in 1990 by the Progressive Conservative government's attempt to recriminalize abortion. A conservative federal government, led
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The five justices wrote three different opinions striking down the law for different reasons: that Section 251 imposed unnecessary procedures and restrictions, restricted access to hospitals, and caused delays; resulted in physical, psychological and emotional risk to the woman; and forced some women
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raided Morgentaler's clinic and laid several charges of performing illegal abortions. The first case did not come to trial until 1973; in the meantime, women's groups organized in support of Morgentaler and he continued to perform abortions. In 1973, the doctor stated that he had performed 5,000 safe
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In 1968, Morgentaler gave up his family practice and began performing abortions in his private clinic. He devoted his clinic to performing abortions on women as well as providing birth control and contraceptives, though it was illegal at the time. At the time, abortion was illegal except for cases in
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For a time he was able to refer the women to two other doctors who did abortions, but they became unavailable. There was no one to whom he could send them, and some of them were ending up in the emergency department after amateur abortions. He has said that he felt like a coward for sending them away
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In August 2011, Morgentaler attended the funeral of Opposition Leader Jack Layton, leader of the New Democratic Party. In the 1980s, Layton attended clinic defences of the Morgentaler clinics, when abortion rights supporters guarded the entrance of a clinic to keep abortion opponents from blockading
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On this occasion, Morgentaler said, "We must remain vigilant in defence of a woman's right to choose because there are still too many legislators and health care providers out there who are not pro-choice and too many women who continue to have their health put at risk because they are denied access
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wrote the decision, which agreed that these abortion regulations were not a valid provincial regulation of hospitals and medicine, but an invalid criminal law: only the federal government can make criminal law. As a result, all of the regulations were struck down, including the ones not dealing with
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award as a person who has "made a difference by immeasurably improving the lives of others." The news item says, "In Canada, a woman can have an abortion without fear of prosecution or imprisonment – for the simple reason that there is no abortion law. For more than 20 years, that state of affairs
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The women’s movement of the 1960s found in Dr. Morgentaler a person who understood that women’s equality could not be achieved within the existing restrictions on medical services for reproductive choice. In offering women access to necessary services that faced considerable restriction elsewhere,
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as well as the 1988 Supreme Court Morgentaler Decision. The province argued that Morgentaler could not have standing because only a woman who needed to use the clinic had the right to challenge abortion policy. The New Brunswick Court of Queen's Bench ruled that Morgentaler had standing to proceed
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Have all these people forgotten that women used to die in our countries from self-induced or quack abortions, that unwanted children were given away to institutions where they suffered enormous trauma that took the joy of life away from them and made them into anxious, depressed individuals with a
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took one day to pass a law that banned abortions and some other procedures such as liposuction outside hospitals, making all clinic abortions illegal or at least unfunded. Morgentaler opened a clinic, supposedly to interview clients for abortions outside the province. Then he announced that he had
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1988 (1 S.C.R. 30). The court ruled 5–2 that the administrative procedures were cumbersome and unjustifiably interfered with the body integrity of women." On January 28, the law was found to violate Section 7 of the Charter of Rights and Freedoms because it infringes upon a woman's right to "life,
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in 1974, who substituted a conviction. The doctor appealed his conviction to the Supreme Court of Canada, but the court upheld his conviction in a 6–3 decision, stating that the danger to women was not immediate. He was sentenced to 18 months in prison and began serving his sentence in March 1975.
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In 1969, Morgentaler opened an abortion clinic in Montreal. He said that he applied for status as a model abortion clinic and proposed to the federal and provincial governments that abortions could be safely done outside hospitals. He recounts that neither the provincial nor the federal government
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as an independent, finishing fourth with 1,509 votes. In 1999, Morgentaler said that a decline in youth crime rates could be credited to the legalization of abortion nearly twenty years earlier, leading to fewer neglected and angry children and more mothers surviving to nurture their children. In
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In May 1992, the Morgentaler Clinic on Harbord Street in Toronto was firebombed during the night by two people (caught on security camera) using gasoline as fuel and a firework to set off the explosion. The next day, clinic management announced that the firebombing failed to prevent any abortions
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Encouraged by public support for his struggle and concern about women's access to abortion in other provinces, in 1983 Morgentaler decided to challenge the law in other provinces. He spent the next 15 years opening and running abortion clinics across Canada, in clear violation of the law. In each
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Each charge was brought to trial separately. At the trial of the first charge in 1973, Morgentaler was defended by Claude-Armand Sheppard. Sheppard presented the "defence of necessity"—as a doctor, Morgentaler had a duty to safeguard the life and health of the women who came to him for abortions,
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that it was time Morgentaler was honoured for his long battle; she said "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 until now is a scandal."
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Morgentaler was the first president of the Humanist Association of Canada (HAC) from 1968 to 1999. He remained the organization's honorary president until his death in 2013. The HAC bestowed on him its Lifetime Achievement Award on August 3, 2008, in Toronto, Ontario, during its 40th-anniversary
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The courts also reviewed various attempts by provinces and municipalities to use laws about medical services to restrict or hamper the ability of pregnant women to exercise a right of choice. All such attempts were denied by the courts. Anti-abortion forces resorted to political attempts to deny
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laid a second set of charges against him and he was acquitted by another jury. He was, however, already in jail. A political cartoon at the time showed a prison guard pushing Morgentaler's food tray into his cell and saying, "Congratulations, doctor, you've been acquitted again!" The Ministry of
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Between 1973 and 1975, Morgentaler was tried three times in Montreal for defying the abortion law; each time, he raised the defence of necessity, and each time he was acquitted. Each time, the jury took less time to reach their decision to acquit: at the third trial, they took one hour. This is
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at its 74th annual summer conference. The Couchiching Award for Public Policy Leadership is presented annually to a nationally recognised Canadian who has demonstrated public policy leadership that results in a positive impact on Canada or a community within Canada, often in the face of public
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conferred an honorary Doctor of Laws degree upon Morgentaler; this was his first honorary degree. This decision by UWO's senate honorary degrees committee generated opposition from Canadian anti-abortion organizations. 12,000 signatures were acquired on a petition asking the UWO to reverse its
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Judge Paulette Garnett said that Morgentaler should have legal standing to proceed with the lawsuit because the personal nature of abortions – and the fact the procedures are time-sensitive – make it difficult for women to take the government before the courts. After the ruling, the government
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In 2008, the challenge was before the courts. The province originally stated that women could get medically necessary abortions at New Brunswick hospitals. In 2006 however the last hospital in New Brunswick to perform publicly funded abortions, the Dr. Everett Chalmers Hospital in Fredericton,
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BĂ©dard called the anti-abortion law unenforceable. From that point on, Quebec refused to enforce federal law prohibiting abortions by qualified medical personnel. BĂ©dard emphasized that police would continue to identify and charge unqualified, back-street abortionists. Federal Justice Minister
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considering that they might not be able to continue. It's a very bad situation." He said that he would go on performing abortions. Morgentaler believed that the attacker was an American and that the attacks were an unwanted byproduct of the vitriolic, religiously fueled abortion battle in the
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In 1996, Morgentaler wrote "The Moral Case for Abortion." In it, he gives the reasoning that guided his actions from the first abortions in Quebec and fueled his defence of necessity in providing women with abortions. This was, in essence, the reason that Quebec juries would not convict him:
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in Buffalo on October 23, 1998, also by a high-powered rifle, reinforced the threats. Abortion doctors wore bullet-proof vests and pulled their curtains to prevent assassins from shooting into their homes. Morgentaler was quoted as saying, "I know of anecdotal evidence that some doctors are
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In 2008, Morgentaler was awarded the Order of Canada "for his commitment to increased health care options for women, his determined efforts to influence Canadian public policy and his leadership in humanist and civil liberties organizations." Morgentaler died at the age of 90 of a
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Morgentaler, 85 and frail, accepted the award from the Officers of the Canadian Labour Congress and thanked the unions for standing with him through his many years of struggle to secure for women the right to control their own health and their own bodies. Choice and freedom.
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The Ontario Bar Association called him a "giant" in the profession, a man who appeared before the Supreme Court more than 100 times and whose specialties spanned the fields of criminal (both domestic and international), constitutional, privacy and administrative
193:, and to provide birth control pills to unmarried women. He opened his first abortion clinic in 1969 in Montreal, challenging what he saw as an unjust law placing burdensome restrictions on women seeking abortions. He was the first doctor in North America to use 693:"Forcing a woman, by threat of criminal sanction, to carry a fetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference with a woman's body and thus a violation of her security of the person." 921:
reported that when contacted, Morgentaler stated that earlier model Vacurettes "could occasionally be used more than once", but he insisted that "whether someone uses a Vacurette once or twice has nothing to do with practising good medicine." A 1991
742:. In 1993, the case came before the Supreme Court of Canada. The province argued that it was combating the privatization of health services. The court, however, unanimously struck down that part of the Act that forbade procedures in clinics. Justice 564:, dropped the charges against Morgentaler and other doctors and announced that there would be no further trials for clinic abortions in Quebec. This was just in time to prevent a fourth Morgentaler trial from starting the following Monday. 848:. Death threats against Morgentaler were frequent. In the 1980s, a reporter said that the stack of death threats for a single month was six inches thick. In 1983 a man attacked him with garden shears outside of his Toronto abortion clinic. 272:, the Rosenfarbs and the Morgentalers (Golda and her sons Henry and Abraham) along with two other families hid in a room with the door concealed by a wardrobe. After two days in hiding, on August 23, 1942, they were found and deported to 812:
announced that it would suspend abortion services as of July 1, citing workload problems. New Brunswick and Prince Edward Island are the only provinces in Canada that refuse to pay for abortions in clinics. This rule violates the
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had stopped doing abortions. "For years, we have been living in the shadow of the doctors being killed", said Morgentaler. "This violence is a sign of frustration, rage and moral bankruptcy in the anti-abortion movement."
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By this point, the tide of public opinion had turned in Morgentaler's favour: A Gallup poll in 1983 showed that 72% of Canadians believed that the decision to abort should rest solely with a pregnant woman and her doctor.
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grudge against society? Have all these people forgotten that an unwanted pregnancy was the biggest health hazard to young fertile women and could result in loss of fertility, long-term illness, injury, and death?
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decision to honour Morgentaler and several protest rallies were held, including one on the day the honorary degree was bestowed. A counter-petition, supporting the UWO's decision, gained over 10,000 signatures.
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In January 1976, a third trial was begun against Morgentaler on the first set of charges. On 18 September 1976, the trial ended in an acquittal by a different jury. This was his third jury acquittal in Quebec.
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said that Quebec had made a just and fair decision that was proper to the provincial authority. Quebec Justice Minister Bedford asked Federal Justice Minister Basford to amend Section 251 of the Criminal Code.
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raided Morgentaler's newly opened clinic and he and his two colleagues were charged with providing illegal miscarriages. Once again Morgentaler used the defence of necessity and was acquitted by the jury. The
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blocked the attack and Morgentaler remained unharmed. Augusto Dantas was charged with assault and with possession of a weapon dangerous to the public good. On July 29, 1983, protesters attempted to
669:, 1988, was heard by the Supreme Court of Canada. It was a victory for Morgentaler. The court upheld the original jury acquittal. In addition, it declared that the 1969 abortion law violated the 280:, where they both remained until the end of the war. In February 1943, Henry was sent to KL Kaufering (a satellite camp of Dachau concentration camp). By the end of the war, he was in sick bay ( 3298: 1046:
life and liberty on the line to advance women's rights, while anti-abortion groups strongly criticized the award, saying it debased the Order of Canada. Feminist and author Judy Rebick told
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wrote, "Henry Morgentaler experienced the law's limitations directly in the supplications of desperate women who visited his Montreal office." Morgentaler's initial response was to refuse:
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for not funding abortions in clinics, but instead allowing private billing at provincial abortion clinics. In 1996 Alberta gave in to the financial pressure and agreed to fund the clinics.
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Morgentaler's campaign for women's reproductive health took him across Canada on speaking engagements and fund-raising tours to promote family planning. In 1972, Morgentaler ran in the
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reported in 1974, that according to police evidence, Morgentaler was re-using disposable vacurettes, against the manufacturer's instructions which stated that they "cannot be re-used".
353:, was born. Their second child was a son, Abraham. Henry was, by his own admission, a proud womanizer. Their marriage ended in divorce in the mid-1970s. Chava died on January 30, 2011. 765:
announced that they would be working with the medical profession to ensure that enough doctors were trained and would perform abortions to keep up with the demand from Ontario women.
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After Quebec stopped prosecuting him in 1976, Morgentaler opened an abortion clinic in Ontario. In spite of prosecutions, other provinces followed. In 2003, he was able to close his
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and went on to open twenty clinics and train more than one hundred doctors. Morgentaler twice challenged the constitutionality of the federal abortion law, losing the first time, in
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sympathizers; at the time, law enforcement agencies in Canada did not collect statistics about harassment and violence against abortion providers, their clinics, or their clients.
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said, "Dr. Morgentaler has stood up for a woman’s right to choose for his entire career, often at great personal risk", and asked Canadians to respect and celebrate the decision.
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advocate Henry Morgentaler to the Order of Canada, directly quoting from the Compendium of Social Doctrine. Moreover, the bishops generally advocate pro-life views through the
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In 2006, Morgentaler had to stop performing abortions after undergoing a heart bypass surgery. He continued, however, to oversee the operation of his six private clinics.
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Hern, Warren M. and Andikopoulos, Bonnie. "Abortion in the Seventies: proceedings of the Western Regional Conference on Abortion, Denver, Colorado, February 27–29, 1976"
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said he would rather see the country's then highest civilian award "be something that really unifies" and "brings Canadians together", while Liberal Party leader
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advocate who fought numerous legal battles aimed at expanding abortion rights in Canada. As a Jewish youth during World War II, Morgentaler was imprisoned at the
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for abortions, by gaining recognition that a well-regulated specialist clinic provides a service equivalent to that offered in a hospital. In New Brunswick and
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Later in 1976, the Attorney General for Quebec announced that thenceforward abortions performed by doctors in free-standing clinics were legal in the province.
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In 1995, provincial and federal rulings forced Nova Scotia and New Brunswick to allow private abortion clinics. The Alberta government was penalized under the
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Bernard St-Laurent, "Veteran reporter recalls historic Morgentaler decision: The day that settled the abortion issue in Quebec," CBC News, May 30, 2013.
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the doorways to stop patients from entering. The NDP has been a supporter of abortion rights, making them part of its political platform for many years.
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After the war, Morgentaler migrated to Canada and entered medical practice, becoming one of the first Canadian doctors to perform vasectomies, to insert
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with a lawsuit against the government. That leaves the Morgentaler clinic in Fredericton, where women can obtain abortions by paying up to $ 750.
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as an essential medical service, meaning that it must be covered by health insurance. Nevertheless, some provinces do not cover clinic abortions.
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was interested. Each said it was the other's responsibility. No one came to inspect the clinic. Instead, they sent the police. On June 1, 1970,
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Thus the court concurred with Morgentaler's reasoning. The Supreme Court ruling essentially ended all criminal restrictions that singled out
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Morgentaler was not released on parole after serving one-third of his sentence, six months. In total, he served ten months, suffering a
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Morgentaler v. Her Majesty the Queen and the Attorney General of Canada (1988): Decriminalizing Abortion in Canada: A Case Law Analysis
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In June 1991, the Ontario government announced that all abortions in the province, including clinic abortions, would be covered by the
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Justice appealed this second acquittal but this time, the Quebec Court of Appeal unanimously upheld the acquittal (January 19, 1976).
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recognized him on May 28, 2008, with its highest honour, the Award for Outstanding Service to Humanity. The CLC's description reads
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with 164,000 others. His sister had left for Warsaw with her husband before the start of the war. She was incarcerated there at the
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abortion, which the court called a smokescreen for the province's true purpose of stopping women from having abortions. (See
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ordered him to pay $ 354,799 in unpaid income taxes. Morgentaler settled out of court a few years later, paying $ 101,000.
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Pierson, Ruth Roach and Cohen, Marjorie Griffin. Canadian Women's Issues, Vol. 2, p. 100–102. "The Politics of the Body."
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In response to the stabbing of Garson Romalis in 2000, Morgentaler said that some doctors in Ontario, New Brunswick, and
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Encyclopedia of the Holocaust (1990), Baranowski, Dobroszycki, Wiesenthal, Yad Vashem Timeline of the Holocaust, others.
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On August 5, 2005, Morgentaler received the Couchiching Award for Public Policy Leadership for his efforts on behalf of
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clinics because a doctor that he trained was now performing abortions at a local hospital, QEII Health Sciences Centre.
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The couple settled in Montréal, where Chava resumed her vocation as a writer. Several months later their first child,
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to safe abortion services in a supportive environment – twenty years after Canada’s abortion laws were struck down."
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which outweighed his duty to obey the law. After hearing some of those women as witnesses, the jury acquitted him.
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In 1976, Morgentaler went to the Supreme Court of Canada in an attempt to overturn the country's abortion law in
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On June 1, 2009, three members did leave the order in protest against Morgentaler's admission, including the
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against Morgentaler, his staff, his patients, and his colleagues. Anti-abortion violence is described by the
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also resigned his membership in protest. About a dozen people picketed outside the ceremony in Quebec City.
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In 1973, on the basis of Morgentaler's public statements that he had performed thousands of abortions, the
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To fight the charges and the injunction, Morgentaler challenged the constitutionality of the Nova Scotia
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Singh, K; Ratnam, S.S (December 1998). "The influence of abortion legislation on maternal mortality".
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article reports that he now denied having re-used vacurettes, but it also reported that according to
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for special treatment, leaving it to be governed by Canada's laws concerning medical practice. The
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province, he announced in advance that he would open a clinic. That year, he opened clinics in
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The province appealed the acquittal. The jury's acquittal was overturned by five judges on the
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funding to private abortion clinics and to ban the establishment of clinics within provinces.
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which continuing a pregnancy threatened the life of the pregnant woman. On August 26, 1969,
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was created and Jews were not allowed to leave it. Morgentaler's father was killed by the
8: 994: 190: 2725: 1420: 974:, the highest honour of the Planned Parenthood Federation, in tribute to their founder, 515:, the Canadian Parliament changed the law so that an appeals court could not overturn a 242: 179: 2517: 1771: 1754: 1569: 1531: 1343: 1153: 1121: 828:
so that women who live there do not have to travel vast distances to obtain abortions.
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abortions outside hospitals, demonstrating that a hospital setting was not necessary.
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performed abortions there. The government laid a charge of violating the Nova Scotia
715: 608: 446: 289: 285: 194: 2115: 1766: 1338: 1216: 1212:, he drew a cartoon of a pregnant Drapeau placing a telephone call to Morgentaler. 1192: 665: 653: 1059: 3305:
R. v. Morgentaler, 1988, University of Alberta, Centre for Constitutional Studies
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Special Report: "Where Is the Anti-Choice Movement Headed?" Violence in the 1990s
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R. v. Morgentaler, 1988, University of Alberta, Centre for Constitutional Studies
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celebration convention, the largest Humanist convention in the nation's history.
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banned abortions in clinics outside hospitals. In 1995 abortion was added to the
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In 1946, Abraham emigrated to the United States. In 1947, Henry made his way to
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produced a television movie documenting Morgentaler's life and practice called
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Molestation of young girl by priest just an accident, says Archbishop Turcotte
2855:"Morgentaler 'honoured' by Order of Canada; federal government 'not involved'" 1807: 1117: 3333: 3285:
CBC Digital Archives – Dr. Henry Morgentaler: Fighting Canada's Abortion Laws
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Peter Kuitenbrouwer: Jack Layton did what ChrĂ©tien couldn’t, he united Canada
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In 2009, Morgentaler was working to open two private abortion clinics in the
769: 698: 686: 254: 3268: 3142: 2781:"Henry Morgentaler fought a long battle to decriminalize abortion in Canada" 2056:
The Montreal Gazette, "Quebec Drops Case Against Morgentaler" by Dave Thomas
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legalized abortion in Canada if performed in a hospital after approval of a
2515:"Pro-choice, anti-abortions groups stage rallies at same time in Toronto". 2338: 2264: 2127: 1565:"Abortion rights crusader Henry Morgentaler, revered and hated, dead at 90" 1379: 1205: 1197: 1078: 743: 539: 293: 214: 3263:
Doctor and activist Henry Morgentaler describes his fight and perseverance
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Vue Weekly: Edmonton's 100% Independent Weekly : NO ACCESS, NO CHOICE
2325:
Canada. Nova Scotia. Supreme Court (1989). "Nova Scotia v. Morgentaler ".
1352: 226: 68: 3324:'I practically told the jury to find him guilty' says judge Claude Bisson 1780: 1066: 853: 849: 727: 569: 490:—the refusal of juries to enforce a law that they perceive to be unjust. 43: 1729: 856:
his clinic; the clinic suffered only minor damage, but the neighbouring
3326:
interview with a jury member from his 1983 trial in Ontario, 2008-07-14
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Several members of the order said they would return their insigniae to
932:
s lawyers, Morgentaler never took any legal action against that paper.
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acquittal, although they could order a new trial. This is known as the
3107: 2896:"Former N.B. lieutenant-governor to return Order of Canada in protest" 1249: 845: 656:'s office appealed the acquittal and the verdict was reversed by the 374: 297: 99: 2993: 2806:
CTV.ca Morgentaler proud to be 'finally' recognized, CTV, 2008-07-02
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Canada. Supreme Court (1988). "R. v. Morgentaler, 28 January 1988".
2535:
Bombing of Toronto abortion clinic raises stakes in bitter debate"
1934: 1437: 1302: 1201: 625: 438:(now known as section 287) was found to be unconstitutional by the 317: 168: 37: 2611: 2324: 1997:"A crusader's legacy: How Henry Morgentaler changed Canada's laws" 2635: 1704:
The real worlds of Canadian politics: cases in process and policy
1327:"Report on 5641 outpatient abortions by vacuum suction curettage" 800:
Morgentaler's final legal battles focused on obtaining universal
629: 396:
Health and Welfare Committee that was investigating the issue of
321: 305: 301: 246: 87: 42:
Henry Morgentaler (right) in August, 2005, with then NDP Leader
268:
When the Germans raided the Ghetto in ƁódĆș with the help of the
1688:
Morgentaler was active in attempting to change the pre-1969 law
1636:"Controversial abortion doctor faced a lifetime of persecution" 1089:, a retired police detective who founded an orphanage; and the 595:. The Charter was relevant to Morgentaler's later court cases. 343: 333: 249:, while Henry lived with his mother and younger brother in the 230: 3225: 2472:
Controversial abortion doctor faced a lifetime of persecution
1366:
Morgentaler H (May–June 1989). "Alan F. Guttmacher lecture".
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Independent candidates in the 1972 Canadian federal election
2706:"University honours Morgentaler – Television – CBC Archives" 292:. After a few months there he was moved to a DP Hospital in 3010:"Gov. Gen. accepts three resignations from Order of Canada" 1298:"Abortion rights activist Dr. Henry Morgentaler dies at 90" 611:
under local anesthetic as safer and less invasive than the
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On October 17, 1967, he presented a brief on behalf of the
16:
Canadian physician and abortion rights advocate (1923–2013)
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B.C. priest returns Order of Canada in Morgentaler protest
2555:
Sniper attacks on doctors create climate of fear in Canada
1930:"Abortion rights: significant moments in Canadian history" 1507:. Polish Culture Website. November 4, 2007. Archived from 1270:"Henry Morgentaler, 90, Dies; Abortion Defender in Canada" 1105:, the official episcopal agency dedicated to life issues. 951:
In 1973, Morgentaler was one of the signers of the second
603:
In 1974, a group of abortion rights activists founded the
3214:
Mini doc: The life of abortion activist Henry Morgentaler
1896:" by Alicia Ambroziak. The Calgary Herald, 28 April 1977. 3250:
Abortion rights: significant moments in Canada's history
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http://www.cccb.ca/site/content/view/2640/1152/lang,eng/
831: 373:, becoming one of the first Canadian doctors to perform 2843:
CTV.ca | Order of Canada should unite Canadians: Harper
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The Big Evasion: Abortion, the Issue that Won't Go Away
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Morgentaler re-used instruments despite maker's warning
2177:"Legal giant Morris Manning defended Henry Morgentaler" 605:
Canadian Association for the Repeal of the Abortion Law
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Windsor man to become latest to reject Order of Canada
2423:
Canwest News Service, 2008-11-07 (accessed 2011-08-30)
2250: 1613:"Remembering Dr. Henry Morgentaler, a difficult hero" 1529: 1159: 639:
The Toronto clinic was operated with two colleagues,
3222:, National Film Board of Canada documentary (online) 2108:
International Journal of Gynecology & Obstetrics
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named him the 1975 Humanist of the Year, along with
445:
In 1983, Morgentaler debated former abortion doctor
361:
Morgentaler received his medical education from the
1702:
Campbell, Robert Malcolm and Pal, Leslie Alexander.
167:(March 19, 1923 – May 29, 2013), was a Polish-born 3307:(Faculties of Law, History, and Political Science) 2961:"Catholic group returns founder's Order of Canada" 2818:"Morgentaler among those named to Order of Canada" 2355:Henry Morgentaler on "The Moral Case for Abortion" 2279:The Twentieth Anniversary of Regina v. Morgentaler 2214:(Faculties of Law, History, and Political Science) 1523: 3241:Abortion crusader deeply divides Canadian society 2594:, Random House of Canada, Toronto, 1996, p. 164. 2438:"N.B. court gives nod to Morgentaler's challenge" 2150:, vol. Spring, pp. 1–14, archived from 1223:used the doctor as the inspiration for its name. 1124:, both from Montreal. In November 2009, engineer 3331: 2662:, Lester & Orpen Dennys, Toronto, page 141. 2410:mulls challenge of Morgentaler abortion decision 2351: 1470:; Cambridge, Massachusetts. pp. 54–55, 62. 1145:2006, Morgentaler retired from active practice. 2940:Order of Canada to be Returned Publicly Tuesday 2726:Couchiching Awards for public policy leadership 2682:. American Humanist Association. Archived from 2039:Morgentaler: The Doctor Who Couldn't Turn Away, 1894:Vindicated, Morgentaler wants to quit abortions 1717:Morgentaler: The Doctor Who Couldn't Turn Away, 1463:Ghettostadt: ƁódĆș and the making of a Nazi city 1324: 2140: 2095:Canadian Abortion Rights Action League history 1433:"Morgentaler proud to be 'finally' recognized" 871:After sniper attacks on other doctors such as 332:. In 1949, Henry and Chava married. They left 3174:Morgentaler has few regrets in abortion fight 3074:, Humanist, March 1999. (Accessed 2011-08-30) 2721: 2719: 1365: 682:to carry a fetus to term against their will. 673:and was thus unconstitutional in the case of 618: 3143:"Democracy on Trial: The Morgentaler Affair" 2778: 2586: 2584: 2431: 2429: 2384:Abortion in Canada: Legal but not accessible 2226:"Significant decisions of the Supreme Court" 2077: 2075: 1824:"Morgentaler closes Halifax abortion clinic" 2760:"Canadian Labour Congress, 2008 Conference" 2754: 2752: 2405: 2403: 2401: 2399: 2318: 2223: 2198: 2105: 1924: 1922: 1421:List of recipients of Order of Canada, 2008 1292: 1290: 1245: 1243: 1241: 1239: 1237: 1235: 3220:Democracy on Trial: The Morgentaler Affair 2716: 2549: 2547: 2511: 2509: 2244: 2033: 2031: 1920: 1918: 1916: 1914: 1912: 1910: 1908: 1906: 1904: 1902: 1556: 1263: 1261: 1259: 1257: 1170:Democracy on Trial: The Morgentaler Affair 203:in 1975, but winning the second time, in 142: 1945⁠–⁠1975) 36: 3169: 3167: 2772: 2581: 2451: 2426: 2302: 2300: 2298: 2296: 2294: 2174: 2072: 2051: 2049: 2047: 2021: 2019: 2017: 1994: 1874:"Part 3 : 'I rose to the challenge'" 1770: 1684:Social Intervention, Theory and Practice, 1633: 1532:"Lodz Ghetto Deportations and Statistics" 1359: 1342: 1103:Catholic Organization for Life and Family 1028:In 2010, Morgentaler was nominated for a 3400:Canadian people of Polish-Jewish descent 3299:CBC: Abortion law ruled unconstitutional 3269:Interview with Henry Morgentaler (video) 3108:New Democratic Party: Fairness for Women 2749: 2564: 2435: 2396: 2088: 1970:'The Morgentaler Effect' by Wayne Summer 1752: 1425: 1287: 1267: 1232: 1156:in a debate 'Humanism vs Christianity'. 1002:opposition. In part, the citation reads 369:in 1955 but increasingly specialized in 3186:"Quebec's Big Owe stadium debt is over" 2769:(Scroll down to "The Award Goes to...") 2745:Couchiching Institute on Public Affairs 2544: 2529: 2527: 2506: 2378: 2376: 2217: 2028: 1975: 1965: 1963: 1961: 1959: 1957: 1955: 1953: 1899: 1888: 1886: 1816: 1748: 1746: 1709: 1698: 1696: 1499:"The Grande Dame of Yiddish Literature" 1459: 1391: 1389: 1254: 999:Couchiching Institute on Public Affairs 902: 671:Canadian Charter of Rights and Freedoms 588:Canadian Charter of Rights and Freedoms 558:In 1976, the Parti QuĂ©bĂ©cois took power 3420:Auschwitz concentration camp survivors 3332: 3164: 3086: 2291: 2044: 2014: 1676: 1663: 1661: 1610: 1562: 1453: 1416: 1414: 1396:Morgentaler named to Order of Canada, 1164:Morgentaler was the subject of a 1984 1041:Morgentaler was named a Member of the 842:Canadian Security Intelligence Service 3140: 3134: 2345: 2134: 2085:. National Abortion Federation, 1977. 1722: 1585: 1491: 942: 832:Death threats, assaults, and bombings 821:considered whether it should appeal. 678:liberty and security of the person." 530:In 1975, while he was in prison, the 2738: 2537:Canadian Medical Association Journal 2524: 2373: 2271: 1950: 1883: 1743: 1693: 1386: 1268:McFadden, Robert D. (May 29, 2013). 1083:Lieutenant Governor of New Brunswick 997:issues. The Award was given by the 235:General Jewish Labour Bund in Poland 3425:Dachau concentration camp survivors 3101: 2393:. YWCA, 2009 (accessed 2011-08-29). 2352:Shaw, Michael G. (April 13, 2010), 2307:The Canadian Encyclopedia: Abortion 1983:Women's legal strategies in Canada, 1658: 1411: 1185:Choice: The Henry Morgentaler Story 1131: 585:but was unsuccessful. In 1982, the 466: 451:on a Canadian national superstation 13: 3370:Canadian abortion-rights activists 2288:, 2008-04-08 (accessed 2011-08-29) 1995:MacKinnon, Leslie (May 30, 2013). 1611:Dunphy, Catherine (May 31, 2013). 1160:Media and cultural representations 1036: 14: 3436: 3231:The Morgentaler Decision turns 20 3207: 3098:2011-08-26, retrieved 2011-08-29. 2779:Rockel, Nick (October 26, 2010). 1796:Induced Abortions Statistics 2003 1318: 970:In 1989 Morgentaler received the 3237:2008-01-15 (accessed 2011-08-30) 2561:1998-10-29 (accessed 2011-08-29) 2175:Fitterman, Lisa (July 6, 2021). 1808:Video of the 1983 CHCH-TV debate 311: 3216:Globe & Mail video obituary 3178: 3119: 3077: 3057: 3032: 3002: 2986: 2975: 2953: 2932: 2914: 2888: 2865: 2847: 2836: 2810: 2799: 2698: 2672: 2652: 2628: 2604: 2488: 2464: 2168: 2099: 2061: 1988: 1866: 1842: 1801: 1787: 1706:, p. 13. Broadview Press (1991) 1627: 1604: 1563:Martin, Sandra (May 29, 2013). 139: 3380:Members of the Order of Canada 3365:Canadian general practitioners 3016:. June 1, 2009. Archived from 2625:, Montreal, December 24, 1974. 1530:Shirley Rotbein Flaum (2007). 1054:On the matter, Prime Minister 532:Ministry of Justice for Quebec 430:Therapeutic Abortion Committee 390:Humanist Association of Canada 1: 3410:UniversitĂ© de MontrĂ©al alumni 3151:National Film Board of Canada 2592:Morgentaler: A Difficult Hero 2120:10.1016/S0020-7292(98)00194-5 1226: 1166:National Film Board of Canada 983:University of Western Ontario 957:American Humanist Association 836:There were many instances of 759:Ontario Health Insurance Plan 296:, and thence with Abraham to 3235:National Review of Medicine, 2224:Makin, Kirk (June 5, 2011). 274:Auschwitz concentration camp 263:Treblinka extermination camp 7: 3350:Canadian abortion providers 3311:Henry Morgentaler Interview 2436:CBC News (August 8, 2008). 1728:Morgentaler Clinic (2006). 1690:" Edwin Mellen Press, 1987. 1460:Horwitz, Gordon J. (2009). 658:Court of Appeal for Ontario 591:was enacted as part of the 10: 3441: 3405:Polish emigrants to Canada 2758:Canadian Labour Congress, 1793:Statistics Canada (2006). 1120:and pianist and conductor 1030:Transformational Canadians 937:Quebec Ministry of Revenue 763:Ontario Ministry of Health 619:Other provinces and Canada 160:Henekh "Henry" Morgentaler 3290:Supreme Court of Canada, 3044:Canada Elections Database 2037:Wright, Eleanor Pelrine. 1863:, Montreal, July 3, 2008. 1715:Wright, Eleanor Pelrine. 1671:The Canadian Encyclopedia 1642:. Toronto. Archived from 1619:. Toronto. Archived from 1250:Chava Rosenfarb biography 858:Toronto Women's Bookstore 471: 356: 278:Dachau concentration camp 184:Dachau concentration camp 149: 121: 113: 105: 95: 76: 50: 35: 23: 3319:George Stroumboulopoulos 1468:Harvard University Press 1325:Morgentaler H H (1973). 1091:Madonna House Apostolate 1013:Canadian Labour Congress 750:R. v. Morgentaler (1993) 598: 582:Morgentaler v. The Queen 336:in February 1950 on the 261:. She was killed at the 225:Morgentaler was born in 117:abortion rights advocacy 3395:Physicians from Toronto 3040:"1972 Federal Election" 2950:. Accessed 8 July 2008. 2680:"Humanist Manifesto II" 2636:Skeletons in the closet 2572:Abortion Doctor Stabbed 2141:Norber, Leslie (2008), 1850:"'Proud' to join Order" 1126:Renato Giuseppe Bosisio 440:Supreme Court of Canada 402:Robert Malcolm Campbell 257:, and took part in the 220: 3390:Activists from Toronto 3226:The Morgentaler Clinic 2735:(Scroll down to 2005.) 2658:Anne Collins (1985). 1673:(accessed 2011-08-30). 1221:Me Mom and Morgentaler 1181:CTV television network 1110:Archbishop of Montreal 1093:on behalf of the late 1069:in protest, including 1022: 1009: 981:On June 16, 2005, the 860:was nearly destroyed. 838:anti-abortion violence 794: 707: 695: 613:dilation and curettage 499:Quebec Court of Appeal 414: 363:UniversitĂ© de MontrĂ©al 302:Displaced Persons Camp 259:Warsaw Ghetto Uprising 3065:Abortion and Violence 2997:CJAD News Talk Radio, 2539:, Volume 147, p. 1528 1538:. JewishGen Home Page 1196:editorial cartoon by 1017: 1004: 965:The Feminine Mystique 882:The murder of Doctor 789: 703: 691: 593:Canadian Constitution 521:Morgentaler Amendment 410: 379:intra-uterine devices 3385:People from Montreal 3294:(1988) (1 S.C.R. 30) 3261:'s Idea City, 2005: 3141:Cowan, Paul (1984). 2883:Canwest News Service 1880:, December 17, 2007. 1872:Ann Marie McQueen. 1765:(7): 786, 788, 790. 1210:1976 Summer Olympics 1152:In 1991, he debated 1114:Jean-Claude Turcotte 903:Other legal troubles 806:Prince Edward Island 740:Medical Services Act 733:Medical Services Act 641:Leslie Frank Smoling 544:solitary confinement 479:Montreal city police 423:an amendment to the 406:Leslie Alexander Pal 385:to unmarried women. 367:general practitioner 270:Jewish Ghetto Police 251:Ghetto Litzmannstadt 239:occupation of Poland 237:. During the German 191:intrauterine devices 3415:ƁódĆș Ghetto inmates 3192:. December 19, 2006 3063:Morgentaler, Henry 2992:Deschamps, Richard 2686:on October 20, 2012 2634:Celeste McGovern. " 2590:Catherine Dunphy. 1972:Accessed 2021-07-08 1830:. November 29, 2003 1682:Bennett, Edward M. 1668:"Henry Margentaler" 1646:on December 2, 2008 1368:Am J Gynecol Health 995:reproductive health 383:birth control pills 3355:Canadian humanists 3301:(January 28, 1988) 3280:by Henia Reinhartz 3113:2011-09-04 at the 3070:2015-10-18 at the 2946:2008-07-12 at the 2926:2008-12-07 at the 2877:2012-11-10 at the 2785:The Globe and Mail 2765:2011-09-13 at the 2731:2011-10-01 at the 2641:2008-07-20 at the 2617:2008-07-20 at the 2518:Regina Leader-Post 2477:2008-12-02 at the 2415:2012-11-10 at the 2389:2011-10-03 at the 2362:on August 11, 2011 2327:Annu Rev Popul Law 2312:2011-11-29 at the 2284:2011-09-27 at the 2253:Annu Rev Popul Law 2230:The Globe and Mail 2210:2012-03-26 at the 2181:The Globe and Mail 1938:. January 13, 2009 1855:2008-08-04 at the 1737:2008-09-13 at the 1640:The Globe and Mail 1598:2011-07-25 at the 1591:Reinhartz, Henia. 1570:The Globe and Mail 1405:2008-10-11 at the 1154:William Lane Craig 1122:Jacqueline Richard 1048:The Globe and Mail 953:Humanist Manifesto 943:Honours and awards 711:abortion in Canada 488:jury nullification 339:RMS Samaria (1920) 55:Heniek Morgentaler 3083:CBC news coverage 2521:, August 4, 1983. 2421:Montreal Gazette, 1753:Krass ME (1977). 1623:on July 29, 2017. 1140:in the riding of 1095:Catherine Doherty 814:Canada Health Act 781:Canada Health Act 774:Canada Health Act 716:Canada Health Act 675:R. v. Morgentaler 663:The appeal case, 609:vacuum aspiration 562:Marc-AndrĂ© BĂ©dard 447:Bernard Nathanson 381:, and to provide 290:Landsberg am Lech 286:Displaced Persons 195:vacuum aspiration 182:and later at the 157: 156: 25:Henry Morgentaler 3432: 3292:R v. Morgentaler 3202: 3201: 3199: 3197: 3182: 3176: 3171: 3162: 3161: 3159: 3157: 3138: 3132: 3123: 3117: 3105: 3099: 3090: 3084: 3081: 3075: 3061: 3055: 3054: 3052: 3050: 3036: 3030: 3029: 3027: 3025: 3006: 3000: 2990: 2984: 2979: 2973: 2972: 2970: 2968: 2957: 2951: 2936: 2930: 2918: 2912: 2911: 2909: 2907: 2892: 2886: 2869: 2863: 2862: 2851: 2845: 2840: 2834: 2833: 2831: 2829: 2814: 2808: 2803: 2797: 2796: 2794: 2792: 2776: 2770: 2756: 2747: 2742: 2736: 2723: 2714: 2713: 2702: 2696: 2695: 2693: 2691: 2676: 2670: 2656: 2650: 2649:, April 1, 1991. 2632: 2626: 2608: 2602: 2588: 2579: 2578:, July 24, 2000. 2568: 2562: 2551: 2542: 2533:Bagley, Gordon. 2531: 2522: 2513: 2504: 2492: 2486: 2470:Sandra Martin." 2468: 2462: 2455: 2449: 2448: 2446: 2444: 2433: 2424: 2407: 2394: 2380: 2371: 2370: 2369: 2367: 2358:, archived from 2349: 2343: 2342: 2322: 2316: 2304: 2289: 2275: 2269: 2268: 2248: 2242: 2241: 2239: 2237: 2221: 2215: 2202: 2196: 2195: 2189: 2187: 2172: 2166: 2165: 2164: 2162: 2157:on March 4, 2016 2156: 2149: 2138: 2132: 2131: 2103: 2097: 2092: 2086: 2079: 2070: 2065: 2059: 2053: 2042: 2035: 2026: 2023: 2012: 2011: 2009: 2007: 1992: 1986: 1981:Jhappan, Radha. 1979: 1973: 1967: 1948: 1947: 1945: 1943: 1926: 1897: 1890: 1881: 1870: 1864: 1846: 1840: 1839: 1837: 1835: 1820: 1814: 1805: 1799: 1791: 1785: 1784: 1774: 1750: 1741: 1726: 1720: 1713: 1707: 1700: 1691: 1680: 1674: 1665: 1656: 1655: 1653: 1651: 1631: 1625: 1624: 1608: 1602: 1589: 1583: 1582: 1580: 1578: 1560: 1554: 1553: 1545: 1543: 1527: 1521: 1520: 1518: 1516: 1511:on March 3, 2012 1495: 1489: 1488: 1486: 1484: 1457: 1451: 1450: 1448: 1446: 1429: 1423: 1418: 1409: 1393: 1384: 1383: 1363: 1357: 1356: 1346: 1322: 1316: 1315: 1313: 1311: 1294: 1285: 1284: 1282: 1280: 1265: 1252: 1247: 1217:alternative rock 1193:Montreal Gazette 1138:Federal Election 1132:Other activities 914:Montreal Gazette 844:as single-issue 666:R v. Morgentaler 654:Attorney General 548:JĂ©rĂŽme Choquette 467:Judicial battles 398:illegal abortion 394:House of Commons 166: 143: 141: 109:Doctor, activist 88:Toronto, Ontario 83: 64: 62: 40: 21: 20: 3440: 3439: 3435: 3434: 3433: 3431: 3430: 3429: 3330: 3329: 3278:Bits and Pieces 3210: 3205: 3195: 3193: 3184: 3183: 3179: 3172: 3165: 3155: 3153: 3139: 3135: 3124: 3120: 3115:Wayback Machine 3106: 3102: 3091: 3087: 3082: 3078: 3072:Wayback Machine 3062: 3058: 3048: 3046: 3038: 3037: 3033: 3023: 3021: 3020:on June 5, 2009 3008: 3007: 3003: 2991: 2987: 2980: 2976: 2966: 2964: 2959: 2958: 2954: 2948:Wayback Machine 2937: 2933: 2928:Wayback Machine 2919: 2915: 2905: 2903: 2894: 2893: 2889: 2879:Wayback Machine 2870: 2866: 2861:. 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Index

CM

Jack Layton
ƁódĆș
Toronto, Ontario
Canadian
Chava Rosenfarb
CM
Canadian
physician
abortion rights
ƁódĆș Ghetto
Dachau concentration camp
intrauterine devices
vacuum aspiration
Morgentaler v R
R v Morgentaler
heart attack
ƁódĆș
Poland
General Jewish Labour Bund in Poland
occupation of Poland
ghetto in ƁódĆș
Gestapo
Ghetto Litzmannstadt
Warsaw Ghetto
Warsaw Ghetto Uprising
Treblinka extermination camp
Jewish Ghetto Police
Auschwitz concentration camp

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