Thursday, May 05, 2022

The Silence Is A Warning

This week, a draft ruling from the Supreme Court of the United States (SCOTUS) was leaked.  Although what’s in the ruling itself is retrograde (and that’s being kind), that isn’t a surprise. Far too many of the judges appointed during Trump’s tenure, and the GOP’s refusal to allow Obama to get any appointments through set the stage for this.

No, what I want to talk about is the sudden muzzling of Canada’s conservative politicians on the matter, and a sudden flurry of “this will never happen in Canada” coming from various columnists.

While Canada’s legal context is somewhat different than the United States, it is utterly false to claim that a rollback of abortion isn’t a very real threat here, and in fact politicians being silent on the subject is a warning, not a reassurance to Canadian women. 

The issue is very real, and it is in fact partisan. Restricting abortion has long been a bread and butter issue for the political right in Canada, and they get significant support (and I suspect funding) from anti-abortion groups like Campaign Life and other organizations.  

The approach in Canada has been a little different than it has been in the US.  In the US there has been a steady series of lawsuits and legislative attacks that have been instituted to narrow the scope of Roe v. Wade. In Canada, we have seen different tactics - mostly a series of "private members" bills tabled on a regular enough basis, and a side of various provincial governments simply not funding the procedure to choke off availability.

It's really important that we look at the legislative tactics that have been tried.

Fetal Personhood - Bill C-205

    "Unborn Victims of Crime"  -  E.g. Bill C-269, Bill C-484

Sex-selection Abortion Ban - Bill C-233

Coerced Abortion - Bill C-510

Conscience Rights - Bill C-268

... and this is a sampling of what I found looking through Parliament's LegisInfo database which goes back to 1994, and by no means exhaustive.  Every one of these bills is designed one way or another to limit or restrict access to abortion.  This is far from the end of the road for any of these ideas.  The anti-abortion movement continues to push its agenda with conservative legislators. 

Politically, the conservative politicians all know that it's really bad politics to attack abortion directly in Canada. They've been looking for a wedge they can drive into Canadian law to start introducing restrictions and limits.  They keep trying, but so far the legislation has failed to pass.  That doesn't mean the legislation cannot be passed, and a failure on one piece of legislation is not seen as the end of the road.

The silence of Canada's conservative politicians in response to this week's events in the United States should not be mistaken for a change of heart. It echoes back to instructions that Preston Manning gave to his party in the late 90s when they were trying to figure out how to make gains beyond the Prairie provinces:  "Don't tell them what you really believe until after you've been elected" (paraphrase).  They know where they stand, and they just don't want you to know. 

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