Henry Morgentaler

Doctor Henry Morgentaler CM LLD (hc) MD
Born	March 19, 1923 (1923-03-19) (age 88) Łódź, Poland
Nationality	Canadian
Occupation	Doctor, activist
Known for	pro-choice advocacy
Spouse	Chava Rosenfarb (m. 1945–1975) «start: (1945)–end+1: (1976)»"Marriage: Chava Rosenfarb to Henry Morgentaler" Location: (linkback://en.wikipedia.org/wiki/Henry_Morgentaler)

Henry Morgentaler, CM (born March 19, 1923, in Łódź, Poland) is a Canadian physician and prominent pro-choice advocate who has fought numerous legal battles for that cause.^[1]

Early life

Heniek (Henry) Morgentaler^[2] was born in Łódź, Poland, about 120 kilometres southwest of Warsaw. His parents were Golda Nitka and Josef Morgentaler. Morgentaler's father, Joseph, was active in the socialist Jewish Labour Bund. Josef Morgentaler was a City Councillor for the Bund.^[3]

Henry's future wife, Chava Rosenfarb, recalls that Henry was afraid to go to school:

“Polish kids ran after him and threw stones at him. It was a normal thing. It was a general attitude, a looking-down attitude. It was a very common thing to hate Jews.”^[4]

By 1941, the ghetto had been sealed and Jews were not allowed to leave it.^[2] After the German capture of Poland, Josef Morgentaler was arrested and killed by the Gestapo. During the Holocaust, Morgentaler lived with his mother, Golda, and brother, Abraham, in the Łódź ghetto until August, 1944.

When the authorities moved in on the ghetto, the Rosenfarbs, the Morgentalers (Golda and her sons Henry and Abraham), and two other families hid in a room with the door concealed by a wardrobe. After two days in hiding, on August 23 they were found and sent to Auschwitz concentration camp.^[2] The boys never saw their mother again: Golda Nitka-Morgentaler died at Auschwitz.^[3] On August 27, Henry and Abraham were shipped to KL Landsberg, Dachau concentration camp), where Abraham remained until the end of the war. Upon arrival Henry was tattooed with prisoner number 95077 and his younger brother Abraham with number 95095. 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 (krankenrevier), whence he was finally liberated by U.S. Army on April 29, 1945.

After his release at age 22 Henry weighed just 70 pounds. He entered Displaced Persons Hospital in Lansberg/Lech. After few months there he was moved to a DP Hospital in St. Ottilien, and thence with Abraham to Feldafing, a Displaced Persons Camp, in Bavaria.

Abraham Morgentaler left Feldafing Camp on June 18, 1946 for Marburg/Lahn. Thence he applied to immigrate to the U.S. He gave his birth year as 1929 (actually 1927) and applied as a juvenile (17 years old).^[5] On July 23, 1946, Abraham went to Frankfurt/Main-Sachsenhausen and entered a Camp for Immigrants to US (Auswanderungelager). On August 24, 1946, he boarded Marine Perch in Bremen and sailed to the U.S.^[6]

Henry Morgentaler stayed at Feldafing Displaced Persons Camp until November 28, 1946, and then moved to Marburg/Lahn.,^[7] where he stayed at dormitory run by UNRA (Studentenhaus (UNRA)).^[8] On August 4, 1947, he left Marburg/Lahn.^[9]

Apparently, Henry made his way to Belgium as he was in Brussels with the Rosenfarbs. Because he was not in Belgium legally, he was required to emigrate, and his fiancėe, Chava Rosenfarb, was in the same situation.^[2] Chava's sister, Henia Reinhartz, in her Memoir, "Bits and Pieces,"^[10] described the harsh economic conditions while the family, and Henry, lived in Brussels. One picture shows Henia, Chava, and their mother wearing coats made from blankets donated by UNRA.^[3] Henry and Chava married in 1949.^[2] They left Europe in February, 1950, on S.S. Samaria, sailing to Canada.

The couple settled in Montréal, where Chava resumed her vocation as a poet. Several months later their first child, Goldie, was born. Their second child was a son, Abraham. Their marriage ended in divorce in the mid-1970s. Chava Rosenfarb died January 30, 2011.^[2]

Political career

In 1972 he ran in the Federal Election in the riding of Saint-Denis as an independent, finishing fourth with 1,509 votes.

Career

Henry received his medical education from the Université de Montréal, whence he graduated in 1953. After receiving his Canadian citizenship, he practised medicine in the east end of Montreal.^[11] He started as a general practitioner but when contraception was legalized in 1969,^[12] he specialized in family planning. He was one of the first Canadian doctors to perform vasectomies, insert IUDs and provide birth control pills to the unmarried.^[13]

On October 19, 1967, he gave public testimony before a Government of Canada committee about his belief that any pregnant woman should have the right to a safe abortion. He was surprised by the result: he began to receive calls from women who wanted abortions. Robert Malcolm Campbell and Leslie Alexander Pal wrote, "Henry Morgentaler experienced the [abortion] law's limitations directly in the supplications of desperate women who visited his Montreal office."^[14] Morgentaler's initial response was to refuse:

"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!'"^[14]

For a time he was able to refer the women to two other doctors who did abortions, but when they became unavailable, he had to act. 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 and that he was shirking his responsibility. Eventually, in spite of the risks to himself—loss of career, prison for years or for life—he decided to perform safe, sterile abortions for women and, at the same time, challenge the law. He knew from other doctors and from newspaper reports that women in Montreal had died from incompetent abortion. 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. And so he determined to use civil disobedience to change the law.^[15]

In 1968, Morgentaler gave up his family practice and began performing abortions in his private clinic.^[16] Back then, abortion was illegal except for cases in which continuing a pregnancy threatened the life of the pregnant woman. On August 26, 1969, an amendment to the Criminal Code legalized abortion in Canada if performed in a hospital after approval of a Therapeutic Abortion Committee. However, there was no requirement for a hospital to set up a committee and only about one-third of hospitals did, leaving 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. In effect, the system was grossly unfair.^[17][18] Morgentaler's abortions remained illegal under that new law because he did not submit them in advance to a TAC for approval; they became legal in 1988 as section 251 of the Criminal Code (now known as section 287) was found to be unconstitutional by the Supreme Court of Canada.

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 Halifax clinics because a doctor that he trained was now doing abortions at a local hospital, QEII Health Sciences Centre.^[19]

In 2006, Morgentaler had to stop performing abortions after undergoing a heart bypass surgery. However, he continues to oversee the operation of his six private clinics.^[20][21]

As of 2011, there are clinics in Montreal, Quebec; Toronto and Ottawa, Ontario; Fredericton, New Brunswick; St. John's, Newfoundland.^[16] The twenty-one abortion clinics in Canada do almost half of the abortions, while hospitals have seen reduced demand. Henry Morgentaler had this explanation in 1992: "The private clinics are simply more user friendly—women don't have to come to hospital four times to get an abortion, as occurred in one recent case. The woman had to take an ultrasound, then make a second visit for a consultation with a counsellor, which was followed by a third visit for insertion of Laminaria. By the fourth visit, 24 hours later, she finally got the abortion, but only after a sleepless night and many cramps—it was like having two abortions instead of one. Because many Ontario hospitals still use Laminaria and general anesthetic, which private clinics don't use, the latter can provide the service with less discomfort and quicker recovery times. That's why women come to us."^[22]

Judicial battles

In 1969, Henry Morgentaler opened an abortion clinic in Montreal. On June 1, 1970, Montreal city police raided Morgentaler's clinic and laid several charges.^[23]

In 1973, the doctor claimed to have performed 5,000 safe abortions outside hospitals.^[24] He was arrested in Quebec and charged with performing illegal abortions. He cited the "defence of necessity"—that the abortions were necessary to preserve women's lives or health.^[25] After hearing some of the women as witnesses, the jury acquitted him. In an unprecedented move, the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. The doctor appealed his conviction to the Supreme Court of Canada but the court upheld his conviction in a 6 - 3 decision.^[24] He was sentenced to 18 months in prison and began serving his sentence in March, 1975.^[23]

In 1974, a national organization called CARAL, the Canadian Association for Repeal of the Abortion Law, was formed to support Dr. Morgentaler's challenge of the 1969 abortion law, which required the approval of a Therapeutic Abortion Committee 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. It helped to raise funds for Morgentaler's legal fees. Later, the organization changed its name to the Canadian Abortion Rights Action League/Association Canadienne pour le Droit d'Avortement (CARAL/ACDA). Their charter is to assure that no woman is denied the right to a safe, legal abortion and to gain recognition that the right to a safe, legal abortion is a fundamental human right. Another reason that they support Dr. Morgentaler is that the technique he developed, vacuum curettage, is safer and less invasive than the traditional dilation and curettage (D&C) that was traditionally performed at hospitals for abortions or after miscarriages.^[26] As long as he remains active in the profession, he trains other doctors in his techniques.

In 1975, under Liberal Prime Minister Pierre Trudeau, the Canadian Parliament changed the law so that an appeals court could not overturn a jury acquittal, although they could order a new trial. This is known as the Morgentaler amendment.^[27] The Quebec government set aside their first, wrongful conviction and ordered a new trial. Morgentaler was released to await trial.^[23] In 1976, Henry Morgentaler was again acquitted, by a different jury, on the first set of charges. This was his third jury acquittal in Quebec.^[24]

In 1975, while he was in prison, the Quebec Ministry of justice laid a second set of charges against him and he was acquitted by another jury. However, he was already in jail. A political cartoon at the time showed a prison guard pushing Dr. Morgentaler's food tray into his cell and saying, "congratulations, doctor, you've been acquitted again!"^[24] The Ministry of Justice appealed this second acquittal but this time, the Quebec Court of Appeal unanimously upheld the acquittal (January 19, 1976).^[26]

In defiance of legal custom, Dr. Morgentaler was not released on parole after serving 1/3 of his sentence, six months.^[28] In total, he served ten months, suffering a heart attack while in solitary confinement, after which he was released to hospital.^[23][24] It was reported that, until he was removed from the portfolio, the Quebec Justice Minister Jerome Choquette was deeply involved and interested in prosecuting Morgentaler.^[28]

In 1976, a new Quebec government, the Parti Québécois, was voted in and they decided that the abortion law could not be enforced if juries would not convict, so they dropped the remaining charges.^[24] Later, in 1976 the Attorney General for Quebec announced that thenceforward abortions performed by doctors in free-standing clinics were legal in the province.^[26]

In 1976, Morgentaler went to the Supreme Court of Canada in an attempt to overturn the country's abortion law in Morgentaler v. The Queen but was unsuccessful.

Encouraged by public support for his struggle, 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.^[24] In each province, he announced in advance that he would open a clinic.

In 1982, the Canadian Charter of Rights and Freedoms was enacted as part of the Canadian Constitution. The Charter was relevant to Morgentaler's later court cases.

In 1983, Toronto Police raided Morgentaler's newly opened clinic and he and two colleagues were charged with providing illegal miscarriages.^[23] At 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.^[23] Once again Morgentaler was acquitted by a jury, but the Attorney General's office appealed and the verdict was reversed by the Court of Appeal for Ontario. Once again, an appeal court had overturned a jury acquittal. Before Morgentaler, this was unheard of. Morgentaler appealed to the Supreme Court of Canada.

The appeal case, R v. Morgentaler, 1988, was heard by the Canadian Supreme Court, which upheld the original jury acquittal. In addition, it declared the 1969 abortion law to be in violation of the Charter of Rights and Freedoms and thus unconstitutional in the case of R. v. Morgentaler 1988 (1 S.C.R. 30).^[29] The court ruled 5-2 that the administrative procedures were cumbersome and unjustifiably interfered with the body integrity of women."^[30] 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, liberty and security of person." Chief Justice Brian Dickson wrote:

"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."^[23]

Justice Bertha Wilson wrote:

"The decision of a woman to terminate her pregnancy falls within the class of protected decisions [because it will have] 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 [section 251] is to take the decision away from the woman and give it to a committee."^[31]

This was basically Morgentaler's reasoning. The Supreme Court ruling essentially ended all criminal restrictions that singled out abortion in Canada for special treatment, leaving it to be governed by Canada's laws concerning medical practice. The Canada Health Act, provincial medical regulations, and health insurance restrictions still applied.^[23] 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. Henry Morgentaler has described this as the happiest day of his life.

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 funding to private abortion clinics and to ban the establishment of clinics within provinces.^[32] In 1989, Nova Scotia banned abortions outside hospitals, making all clinic abortions illegal or at least unfunded.^[23]

In June, 1991, the Ontario government announced that all abortions in the province, including clinic abortions, would be covered by the Ontario Health Insurance Plan. Women would not have to pay out of pocket for clinic abortions, as they did in other provinces. The Ontario Ministry of Health 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.^[17]

In 1993, Morgentaler won another case before the Supreme Court, R. v. MorgentalerThe court stuck down that part of the Nova Scotia Medical Services Act that forbade abortion clinics. Morgentaler was free to open a clinic in Nova Scotia.

In 1994, New Brunswick banned abortions in clinics outside hospitals.^[23]

In 1995, abortion was added to the Canada Health Act as an essential medical service, meaning that it must be covered by health insurance. Nevertheless, some provinces do not cover clinic abortions.^[32]

In 1995, provincial and federal rulings forced Nova Scotia and New Brunswick to allow private abortion clinics.^[32]

The Alberta government was penalized under the Canada Health Act 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.^[32]

In 1996, Henry Morgentaler wrote "The Moral Case for Abortion."^[33] In it, he gives the reasoning that guided his actions from the first abortions in Quebec and fuelled his defence of necessity in providing women with abortions. This was, in essence, the reason that Quebec juries would not convict him:

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 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?

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.^[34] This lesson was reinforced in 1990, by the Conservative attempt to recriminalize abortion. A Conservative federal government, led by Progressive Conservative Prime Minister Brian Mulroney, introduced Bill C-43, which would punish doctors with prison terms if they did abortions for women whose health was not at risk.^[23] It passed the House of Commons by a narrow 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 teenaged girl was injured in a botched back-alley abortion. These casualties of unwanted pregnancy received a lot of publicity and abortion rights demonstrations were held after the death of the student, protesting Bill C-43. The bill was defeated by the Senate by a tie vote in early 1991 and the casualties of illegal abortion ceased.^[34]

Morgentaler's recent legal battles have focused on obtaining universal public funding for abortions, by gaining recognition that a well-regulated specialist clinic provides a service equivalent to that offered in a hospital. In New Brunswick, for example, the provincial health care system pays for abortions only if they are performed at authorized hospitals and approved by two physicians. Morgentaler has challenged this policy.

In 2008 the challenge was before the courts. The province originally stated that women could get medically necessary abortions at New Brunswick hospitals.^[35] However, In 2006, the last hospital in New Brunswick to perform publicly funded abortions, the Dr. Everett Chalmers Hospital in Fredericton, announced that it would suspend abortion services as of July 1, citing workload problems. New Brunswick is the only province in Canada that refuses to pay for abortions in clinics. Its rule violates the Canada Health Act as well as the 1988 Supreme Court Morgentaler Decision.^[32] 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 Henry Morgentaler had standing to proceed with a lawsuit against the government.^[36] That leaves the Morgentaler clinic in Fredericton, where women can obtain abortions by paying up to $750.^[35]

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.^[35][36] After the ruling, the government considered whether it should appeal.^[35]

In 2009,

Morgentaler is currently working to open two private abortion clinics in the Canadian Arctic, so that women who live there do not have to travel vast distances to obtain abortions.

Death threats, assaults, and bombings

There have been many instances of anti-abortion violence against Dr. Morgentaler, his staff, his patients, and his colleagues. Anti-abortion violence is described by CSIS as single-issue terrorism.

Death threats against Dr. Morgentaler have been frequent.^[37] In the 1980s, a reporter noted 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. Judy Rebick blocked the attack and Morgentaler remained unharmed.^[38] Augusto Dantas was charged with assault and with possession of a weapon dangerous to the public good.

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 and a firework to set off the explosion.^[22] The next day, clinic management announced that the firebombing failed to prevent any abortions, since all scheduled abortions were carried out in alternative locations. No one was hurt but the building had to be demolished. On the day after the firebombing, Morgentaler came to inspect the damage and a crowd of abortion-rights supporters appeared at the clinic with signs that read, "Just Say No to Bombs." As a result of the arson, the Ontario government decided to spent $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 pro-life 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.^[22]

After sniper attacks on other doctors such as Garson Romalis and Hugh Short (see Anti-abortion violence), abortion providers in Canada were aware that their own lives could be in danger from pro-life assassins with high-powered rifles.^[39]

The murder of Dr.Bernett A. Slepian in Buffalo on October 24, 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. Dr. Morgentaler was quoted as saying, "I know of anecdotal evidence that some doctors are considering that they might not be able to continue. It's a very bad situation." He said that he would go on performing abortions. Dr. Morgentaler believed that the attacker was an American and that the attacks were an unwanted byproduct of the vitriolic abortion battle in the United States. He stated, "In Canada, you have fewer religious fanatics, there is much less violence in Canada and it's a much more tolerant society."^[39]

In response to the stabbing of Dr. Garson Romalis in 2000, Morgentaler noted that some doctors in Ontario, New Brunswick, and Newfoundland 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."^[40]

Other legal troubles

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 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 on the doctor-patient relationship. This committee is incapable of reconciling this behaviour with the humanitarian concern that the accused invoked throughout his defence.'"^[41]

The Montreal Gazette previously 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".^[42] The Gazette 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 Alberta Report article reports that he now denied having re-used vacurettes, but it also reported that according to The Gazette's lawyers, Morgentaler never took any legal action against that paper.^[43]

In 1973, on the basis of Morgentaler's public claims that he had performed thousands of abortions, the Quebec Ministry of Revenue ordered him to pay $354,799 in unpaid income taxes.^[44] Morgentaler settled out of court a few years later, paying $101,000.^[41]

Honours and awards

Dr Henry Morgentaler was the first president of the Humanist Association of Canada (HAC) from 1968 to 1999. He remains the organization's honorary president. The HAC bestowed on him its Lifetime Achievement Award on August 3, 2008 in Toronto, Ontario, during its 40th anniversary celebration convention, the largest Humanist convention in the nation's history.

The American Humanist Association named him the 1975 Humanist of the Year, along with Betty Friedan, author of The Feminine Mystique.

On June 16, 2005, the University of Western Ontario 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 pro-life organizations. 12,000 signatures were acquired on a petition asking the UWO to reverse its decision to honour Dr. 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.^[45]

On August 5, 2005 Morgentaler received the Couchiching Award for Public Policy Leadership for his efforts on behalf of women's rights and reproductive health issues.^[46] The Award was given by the Couchiching Institute on Public Affairs^[47] 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 positive impact on Canada or a community within Canada, often in the face of public opposition.^[46] In part, the citation reads

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, 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.

The Canadian Labour Congress recognized him on May 28, 2008 with its highest honour, the Award for Outstanding Service to Humanity.^[48] The CLC's description reads

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.

On this occasion, Dr. 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 to safe abortion services in a supportive environment – twenty years after Canada’s abortion laws were struck down.”^[48]

In 2010, Henry Morgentaler was nominated for a Transformational Canadians award as a person who has "made a difference by immeasurably improving the lives of others."^[49] The news item points out, "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 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."

Order of Canada

Morgentaler was named a Member of the Order of Canada (Ordre du Canada) 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."^[50][51] Abortion-rights activists applauded the decision, saying Morgentaler put his life and liberty on the line to advance women's rights, while pro-life groups strongly criticized the award, saying it debased the Order of Canada.^[52] Feminist and author Judy Rebick told the Globe and Mail on Monday that it is high 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 [the Order of Canada] until now is a scandal."^[53]

On the matter, Prime Minister Stephen Harper said he'd rather see the country's highest civilian award "be something that really unifies" and "brings Canadians together",^[54] while Liberal Party leader Stéphane Dion said, "Dr. Morgentaler has stood up for a woman’s right to choose to for his entire career, often at great personal risk", and asked Canadians to respect and celebrate the decision.^[55]

Several members of the order said they would return their insigniae to Rideau Hall in protest, including Roman Catholic priest Lucien Larré;^[56] Gilbert Finn, former Lieutenant-governor of New Brunswick;^[57] Frank Chauvin, a retired police detective who founded an orphanage;^[58] and the Madonna House Apostolate on behalf of the late Catherine Doherty.^[59][60] However, ownership of the honour dies with the person and their heirs or colleagues cannot return it.

On June 1, 2009, three members of the Order of Canada gave up their accolades and left the order in protest against Morgentaler's admission: the Catholic archbishop of Montreal, Cardinal Jean-Claude Turcotte. Cardinal Turcotte explained his resignation to the CBC, saying, "I'm worried about how we treat life, from conception to death. I decided to take a stance that clearly reflects my convictions."^[61] The others were Montreal astronomer René Racine and Montreal pianist and conductor Jacqueline Richard.^[62] About a dozen people picketed outside the ceremony in Quebec City.^[23]

Other Activities

Morgentaler's campaign for women's reproductive health has taken him across Canada on speaking engagements and fund-raising tours to promote family planning.^[13]

In 1999, Morgentaler pointed out 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.^[63]

In 2006, Dr. Morgentaler retired from active practice.

In August, 2011, Henry Morgentaler attended the funeral of Opposition Leader Jack Layton, leader of the New Democratic Party.^[64] In the 1980s, Jack Layton attended clinic defences of the Morgentaler clinics, when abortion rights supporters guarded the entrance of a clinic to keep abortion opponents from blockading the doorways to stop patients from entering.^[65] The NDP has been a staunch supporter of abortion rights, making them part of its political platform for many years.^[66]

Media and cultural representations

Morgentaler was the subject of a 1984 National Film Board of Canada documentary Democracy on Trial: The Morgentaler Affair, directed by Paul Cowan.^[67]

In 2005, the CTV television network produced a television movie documenting Morgentaler's life and practice called Choice: The Henry Morgentaler Story.^[68] 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."^[68]

A famous Montreal Gazette editorial cartoon by Terry Mosher lampooned Montreal Mayor Jean Drapeau's infamous prediction that "the Montreal Olympics can no more have a deficit, than a man can have a baby."^[69] After the financially disastrous 1976 Summer Olympics, a pregnant Drapeau is shown placing a telephone call to Morgentaler.

The alternative rock band Me Mom and Morgentaler used the doctor as the inspiration for its name.

References

1. ^ CTV.ca | Morgentaler proud to be 'finally' recognized
2. ^ ^{a b c d e f} Chava Rosenfarb biography
3. ^ ^{a b c} Photos of Chava Rosenfarb and her family, including the Morgentalers, with captions
4. ^ Chava Rosenfarb: The Grande Dame of Yiddish Literature, 2007-11-04 or 2007-04-11 (accessed 2011-08-30)
5. ^ Abraham Morgentaler's self report to Int. Red Cross in 1953
6. ^ Int. Red Cross Report re Abraham Morgentaler 1959, top of page 2
7. ^ Int Red Cross Report re Henry Morgentaler 1954, top of page 2
8. ^ Henry Morgentaler's self report to Int. Red Cross submitted in 1963
9. ^ Int Red Cross Report re Henry Morgentaler 1954, top of page 2.
10. ^ Reinhartz, Henia. Bits and Pieces
11. ^ Sandra Martin. "Controversial abortion doctor faced a lifetime of persecution". The Globe and Mail (Toronto). http://www.theglobeandmail.com/servlet/story/RTGAM.20080702.wmorgentalerprofile0702/BNStory/National/. Retrieved 2009-04-05. 
12. ^ Legalizing Contraceptives CBC Digital Archives, broadcast date 1969-06-19 (accessed 2011-09-01). In June 1969, Prime Minister Pierre Trudeau and his Liberal government legalize all forms of contraception.
13. ^ ^{a b} The Canadian Encyclopedia: Henry Morgentaler (accessed 2011-08-30).
14. ^ ^{a b} Campbell, Robert Malcolm and Pal, Leslie Alexander.The real worlds of Canadian politics: cases in process and policy, p. 13. Broadview Press (1991)
15. ^ Wright, Eleanor Pelrine. Morgentaler: The Doctor Who Couldn't Turn Away, p. 28–29.
16. ^ ^{a b} Morgentaler Clinic (2006). About Us
17. ^ ^{a b} Krass, M.E. Assessment of the structure and function of the therapeutic abortion committee Medicolegal Affairs, CMA Journal, 1977-04-09.
18. ^ Statistics Canada (2006). Induced Abortions Statistics 2003
19. ^ Morgentaler closes Halifax clinic 2007-11-29
20. ^ Joseph Brean. "'Proud' to join Order", The Gazette, Montreal, July 3, 2008.
21. ^ Ann Marie McQueen. "Part 3 : 'I rose to the challenge'", Edmonton Sun, December 17, 2007.
22. ^ ^{a b c} Bagley, Gordon. Bombing of Toronto abortion clinic raises stakes in bitter debate. Canadian Medical Association Journal, Volume 147, p. 1528. 1992
23. ^ ^{a b c d e f g h i j k l} Abortion rights: significant moments in Canadian history
24. ^ ^{a b c d e f g} Arthur, Joyce (2001). "Abortion in Canada". Human Quest. http://findarticles.com/p/articles/mi_qa3861/is_200103/ai_n8934165. 
25. ^ Jhappan, Radha. Women's legal strategies in Canada, p. 359. 2002.
26. ^ ^{a b c} Pierson, Ruth Roach and Cohen, Marjorie Griffin. Canadian Women's Issues, Vol. 2, p. 100–102. "The Politics of the Body."
27. ^ Henry Morgentaler timeline
28. ^ ^{a b} Wright, Eleanor Pelrine. Morgentaler: The Doctor Who Couldn't Turn Away, p. 208
29. ^ R. v. Morgentaler, 1988, University of Alberta, Centre for Constitutional Studies (Faculties of Law, History, and Political Science)
30. ^ Makin, Kirk (2011-06-05). "Significant decisions of the Supreme Court". The Globe and Mail. http://www.theglobeandmail.com/news/national/time-to-lead/significant-decisions-of-the-supreme-court/article2048270/. Retrieved 2011-08-29. 
31. ^ Peden, Martha. The Twentieth Anniversary of Regina v. Morgentaler, 2008-04-08 (accessed 2011-08-29)
32. ^ ^{a b c d e} The Canadian Encyclopedia: Abortion
33. ^ Shaw, Michael G. (2010-04-13), Henry Morgentaler on "The Moral Case for Abortion", http://feministlookingglass.com/2010/04/13/henry-morgentaler-on-the-moral-case-for-abortion/, retrieved 2011-08-28 
34. ^ ^{a b} Cross, Pamela. Abortion in Canada: Legal but not accessible. YWCA, 2009 (accessed 2011-08-29).
35. ^ ^{a b c d} mulls challenge of Morgentaler abortion decision, Montreal Gazette, Canwest News Service, 2008-11-07 (accessed 2011-08-30)
36. ^ ^{a b} CBC News (2008-08-08). "N.B. court gives nod to Morgentaler's challenge". http://www.cbc.ca/canada/new-brunswick/story/2008/08/08/abortion-payments.html. Retrieved 2008-08-08. 
37. ^ Sandra Martin." Controversial abortion doctor faced a lifetime of persecution", Globe and Mail, July 2, 2008.
38. ^ Vue Weekly: Edmonton's 100% Independent Weekly : NO ACCESS, NO CHOICE
39. ^ ^{a b} Rhode, David. Sniper attacks on doctors create climate of fear in Canada, New York Times, 1998-10-29 (accessed 2011-08-29)
40. ^ Mark Nichols. "Abortion Doctor Stabbed", Maclean's, July 24, 2000.
41. ^ ^{a b} Catherine Dunphy. Morgentaler: A Difficult Hero, Random House of Canada, Toronto, 1996, p. 164. ISBN 0394223918
42. ^ Tom Pawlick. "Morgentaler re-used instruments despite maker's warning", The Gazette, Montreal, December 24, 1974.
43. ^ Celeste McGovern. "Skeletons in the closet", Alberta Report, April 1, 1991.
44. ^ Anne Collins (1985). The Big Evasion: Abortion, the Issue that Won't Go Away, Lester & Orpen Dennys, Toronto, page 141. ISBN 0886190606
45. ^ "University honours Morgentaler - Television - CBC Archives". CBC News. http://archives.cbc.ca/IDC-1-69-107-11883/life_society/morgentaler/clip10. 
46. ^ ^{a b} Couchiching Awards for public policy leadership (Scroll down to 2005.)
47. ^ Couchiching Institute on Public Affairs
48. ^ ^{a b} Canadian Labour Congress, "Canadian Labour Congress, 2008 Conference" (Scroll down to "The Award Goes to&ellipse;")
49. ^ Rockel, Nick (2010-10-26). "Henry Morgentaler fought a long battle to decriminalize abortion in Canada". The Globe and Mail. http://www.theglobeandmail.com/report-on-business/25/the-25/henry-morgentaler-fought-a-long-battle-to-decriminalize-abortion-in-canada/article1771980/. Retrieved 2011-08-28. 
50. ^ Morgentaler named to Order of Canada, Globe and Mail, 2008-07-01
51. ^ List of recipients of Order of Canada, 2008
52. ^ CTV.ca Morgentaler proud to be 'finally' recognized, CTV, 2008-07-02
53. ^ Morgentaler among those named to Order of Canada, CBC news, 2008-07-01
54. ^ CTV.ca | Order of Canada should unite Canadians: Harper
55. ^ "Morgentaler 'honoured' by Order of Canada; federal government 'not involved'". CBC News. July 2, 2008. http://www.cbc.ca/canada/story/2008/07/02/morgentaler-reax.html. 
56. ^ B.C. priest returns Order of Canada in Morgentaler protest, Canwest News Service, 2 July 2008.
57. ^ Former lieutenant-governor returns Order of Canada in protest, CBC News, 9 July 2008.
58. ^ Windsor man to become latest to reject Order of Canada
59. ^ Order of Canada to be Returned Publicly Tuesday. Accessed 8 July 2008.
60. ^ Lewis, Charles. Group to return Order of Canada, National Post, 8 July 2008.
61. ^ Deschamps, Richard Molestation of young girl by priest just an accident, says Archbishop Turcotte CJAD News Talk Radio, Montreal
62. ^ "Gov. Gen. accepts three resignations from Order of Canada". CBC News. 2009-06-01. http://www.cbc.ca/canada/montreal/story/2009/06/01/order-of-canada001.html. Retrieved 2009-12-07. 
63. ^ Morgentaler, Henry Abortion and Violence, Humanist, March 1999. (Accessed 2011-08-30)
64. ^ CBC news coverage
65. ^ Peter Kuitenbrouwer: Jack Layton did what Chrétien couldn’t, he united Canada National Post, 2011-08-26, retrieved 2011-08-29.
66. ^ New Democratic Party: Fairness for Women
67. ^ Cowan, Paul (1984). "Democracy on Trial: The Morgentaler Affair". Documentary. National Film Board of Canada. http://www.nfb.ca/film/democracy_on_trial. Retrieved 2009-10-28. 
68. ^ ^{a b} Morgentaler has few regrets in abortion fight
69. ^ "Quebec's Big Owe stadium debt is over". CBC News. 2006-12-19. http://www.cbc.ca/canada/montreal/story/2006/12/19/qc-olympicstadium.html. Retrieved 2009-12-07. 

External links

• The Morgentaler Clinic
• The Morgentaler Decision turns 20, National Review of Medicine, 2008-01-15 (accessed 2011-08-30)
• Abortion crusader deeply divides Canadian society (2009-01-14) CBC
• Abortion rights: significant moments in Canada's history (2009-05-21) CBC
• Moses Znaimer's Idea City, 2005: Doctor and activist Henry Morgentaler describes his fight and perseverance (video).
• Interview with Henry Morgentaler (video) CBC
• Bits and Pieces by Henia Reinhartz
• CBC Digital Archives - Dr. Henry Morgentaler: Fighting Canada's Abortion Laws
• Supreme Court of Canada, R v. Morgentaler (1988) (1 S.C.R. 30)
• CBC: Abortion law ruled unconstitutional (January 28, 1988)
• R. v. Morgentaler, 1988, University of Alberta, Centre for Constitutional Studies (Faculties of Law, History, and Political Science)
• Henry Morgentaler Interview on The Hour with George Stroumboulopoulos
• 'I practically told the jury to find him guilty' says judge Claude Bisson interview with a jury member from his 1983 trial in Ontario, 2008-07-14

Persondata
Name	Morgentaler, Henry
Alternative names	Morgentaler, Heniek
Short description	Canadian champion of women's right to safe, legal abortion
Date of birth	March 19, 1923
Place of birth	Łódź, Poland
Date of death
Place of death