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ABORTIONIST WANTS MORE MONEY

With his eight freestanding abortion clinics in Canada whirling away, destroying human life - financed by provincial health care systems - Canada's abortionist Morgentaler is still not satisfied. It is conservatively estimated, based on abortion statistics and the average cost of an abortion, that Morgentaler makes approximately $11 million annually. He wants more money, this time from the New Brunswick provincial government. The latter pays for abortions performed in two of its hospitals, one in Saint John and the other in Fredericton. However, the New Brunswick government refuses to cover the costs of any private clinics - abortion or otherwise - stating that it is not the policy of the government to do so.

The policy on abortion in New Brunswick is that the province will fund only first trimester abortions performed by an obstetrician/gynaecologist at approved hospitals after a woman obtains a certificate from two doctors.

This policy has annoyed Morgentaler for some time as he believes that it cuts down on his business.

Morgentaler first sought the assistance of former Minister of Health, Allan Rock, to try to intimidate the New Brunswick government into funding his private abortion clinic. Rock, ever-obliging on all matters that undermine traditional values, whether non-medical drug use, homosexuality or abortion, duly wagged his finger menacingly at the New Brunswick government, which completely ignored him, and continued undeterred with its policy on abortion.

Next up to bat, in October 2002, was the current Minister of Justice, Anne McLellan, who warned the New Brunswick government that she would not rule out withholding transfer payments to New Brunswick if it continues to refuse to fully cover the costs of abortions performed at private clinics, because she claimed, abortions are "medically necessary." The latter is scarcely the case since nearly all abortions performed in Canada are for socio-economic reasons, not medical ones.

Moreover, according to Dr. Will Johnston, President of Canadian Physicians for Life, abortions put thousands of women at risk for breast cancer - over all, a minimum 30% increase in the risk of breast cancer. There is also a risk of post-abortion emotional trauma, plus the danger of premature delivery in subsequent pregnancies because of a previous abortion. The risk following one abortion rises by 30%, and following two previous abortions, by a distressing 90%.

But, no matter, it's the money that counts. Morgentaler wants to increase the 500 abortions per year performed in this Fredericton clinic, and wants the New Brunswick taxpayers to pay for his services.

Since threats from the Ministers of Health were not bringing the desired results, Morgentaler finally decided that he would have to launch a legal action himself against the New Brunswick government. On July 16, 2003, he filed a lawsuit against the Province of New Brunswick at the Court of Queen's Bench in Fredericton, alleging that New Brunswick's policy of not funding his private abortion clinic in Fredericton violates (a) a woman's Charter right to abortion; (b) the Canada Health Act; and (c) provisions of the Province's Medical Services Payment Act insuring all New Brunswickers. New Brunswick is the only province with a freestanding abortion clinic that receives no public funding whatever. Some limited funding (for physicians' services) is provided for Morgentaler's abortion clinics in the provinces of Nova Scotia, Manitoba and Quebec, whereas other provinces cover the entire cost of physicians' services as well as the costs of the facility. In Ontario, Morgentaler really hit the jackpot. The former provincial NDP government in 1994 undertook a policy continued on under the Conservative government to pay the rent of a 10 year lease on Morgentaler's clinic for a total of $5,000,000 plus $450,000 to cover security of the clinic. In addition, Morgentaler is funded under the provincial medical system for his "services."

On August 14, 2003, the New Brunswick Attorney-General, Brad Green, filed his defence stating that medically necessary medicare-funded abortions are provided at several hospitals. The Province took no position on (a) the right to life of the unborn child, (b) the health risks to women from abortion, (c) whether abortions at the Morgentaler clinic are elective rather than medically necessary, or (d) the type or manner of "service" provided at the clinic.

Consequently, a pro-life coalition headed by Peter Ryan, Executive Director of the New Brunswick Right to Life Association, applied in November for intervener status at the trial level. The coalition, called the Coalition for Life and Health includes the following organizations:

1. New Brunswick Right to Life
2. Roman Catholic Diocese of Saint John
3. Focus on the Family
4. REAL Women of Canada
5. Physicians for Life
6. Catholic Civil Rights League
7. Christian Legal Fellowship; and
8. Evangelical Fellowship of Canada

Morgentaler is not only demanding government funding of his clinic, but is also attempting to nail down abortion as a constitutional right in Canada by this case. The 1988 Supreme Court of Canada Morgentaler decision struck down the abortion law on procedural grounds, but did not declare that women have a constitutional right to abortion. Consequently, there is much at stake in this case.

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