Monday, March 7, 1988

Supreme Court of Canada - Abortion - Mar 7, 1988 - by Randall F. More

                                           
March 7, 1988

The Right Honourable Brian Dickson, P.C.
Chief Justice of Canada
Supreme Court of Canada
Supreme Court Building
Wellington at Kent Streets
Ottawa, Ontario
K1A OJ1

Dear Chief Justice Dickson

Re: Abortion and the Constitution

It is in regard to the recent constitutional abortion ruling that I write. As a concerned Canadian citizen, I believe that abortion is clearly the most serious and important issue that has ever confronted this nation. It is in this spirit that I respectfully address these remarks believing that the decision rendered by the law courts in our land concerning this matter will profoundly affect the destiny of our nation for generations to come. 

Please take the twelve minutes that are required to read this letter.

Lawyers, judges, educators, scientists, theologians, politicians, doctors, parents, and others have argued and debated the issue of abortion to enormous lengths but even if we are non-believers, we should at least examine the Bible for its inherent wisdom, for even the Bible does not run contrary to the scientific evidence.


FREEDOM of CHOICE: Advocates of abortion argue on a platform for the right to "freedom of choice." It becomes a misplaced freedom when the choice is advocated only as a right for the expectant mother without regard for the freedom of choice for the helpless and voiceless unborn child. What abortion proponents never say is that the choice they so gallantly defend is the choice to kill a child. Freedom is not really the liberty to do exactly what we feel but instead it is to do as God wills and directs. God clearly identifies that choice for us. "I have set before you life and death, blessing and cursing; choose life that both you and your seed may live" (Deuteronomy 30:19). The right to life should be paramount to all other rights and the right to choose should clearly and resolutely be superseded by that very precious right to life.

The "choice" approach to abortion degrades us both morally and spiritually as the acceptance of abortion as an alternative to pregnancy only means that our concept of human worth has sunk to an unprecedented low. Even the term "pro-choice" is a pro-abortionist misnomer. There is no choice for the unborn. Abortion-on-demand laws give to one person (the mother) the legal right to kill another person (the child) in order to solve the first person's social or economic problem. These are not the laws of a moral and righteous and just society. These are laws in a land which has rejected the sovereignty of God. Abortion is no less than the violation of the divine ethic in pursuit of physical, social, or economic comfort and convenience. Abortion is not the solution to a problem; it is the elimination of a human being perceived to be the problem. (Have you ever happened to notice that all pro-abortionists have already been born? Aren't they grateful that their own prenatal development occurred at a time in our history when our society and our laws respectfully guarded their own rights as unborn human beings?)

WOMAN'S RIGHT to CONTROL HER OWN BODY: Pro-abortionists contend that a woman should have the right to control her own body. We should all properly realize that a woman's rights to her own body are not absolute. Whatever liberties God has extended to us, the freedom to do with our bodies as we wish is not among them. We are reminded by the apostle Paul that our bodies do not belong to us exclusively but that we are to use every part of them to give glory back to God because He owns them (I Corinthians 6:19-20).

Even if it is wrongly conceded that a woman does have absolute rights over her own body, it is a simple biological fact that the developing preborn baby is a very unique and separate entity. The preborn child has a separate blood supply, separate circulatory system, separate heartbeat, and separate brain waves. From the instant of conception, the embryo is a living being separate and distinct from the mother's body.


LIFE and PERSONHOOD: There is little doubt, even among most abortionists, that the intrauterine being is indeed fully human from the moment of conception. At that instant, all of the genetic coding that will ever be needed to produce a fully functioning human being is available. Not one single piece of genetic information will ever have to be added to that one cell. Only nutrition and oxygen need to be added for that one cell to develop into full adult maturity. At three weeks, the developing baby already has impressive internal development. Only one tenth of an inch in length, the tiny life has the beginnings of eyes, spinal cord, nervous system, thyroid gland, lungs, stomach, liver, kidneys, intestines, and heart with the heart beating regularly, sending a blood supply totally independent from the mother's through the embryo's own tiny system. By forty-five days, the baby's skeleton is complete in cartilage, the buds of teeth appear, and the first movements of limbs occur. Brain waves are discernible as early as the sixth week. The body of a preborn human being is able to cry, hiccup, dream, swallow, taste, digest, urinate, respond to pain, suck a thumb, kick a leg, and has hands with individual and unique fingerprints. Regardless of the lack of value that we may wish to place on an unborn child, we are being intellectually dishonest if we believe that the unborn is not a human being.
Denying the unborn personhood has no basis in Scripture either. The Bible makes many references to the unborn child in a very real and personal sense. In his prophecy Isaiah says, "The Lord called Me from the womb; from the body of My mother He named Me" (Isaiah 49:1). To Jeremiah the Lord said, "Before I formed you in the womb I knew you, and before you were born I consecrated you" (Jeremiah 1:5). The apostle Paul said that God "set me apart before I was born" (Galatians 1:15). We are told, too, concerning Jesus prior to His birth that Mary "was found to be with child" (Matthew 1:18).

Throughout Scripture we are clearly taught that the developing child is the expression of God's greatest creation, man. God's sovereignty and inescapable presence, particularly with regard to the unborn, is well demonstrated throughout the Bible. "Just as you do not know the path of the wind and how bones are formed in the womb of the pregnant woman, so you do not know the activity of God who makes all things" (Ecclesiastes 11:5). It is no coincidence that this is exactly what science confirms; that physicians, surgeons, and scientists really know nothing of how bones or any other part of our anatomy is formed in the womb. Only God knows. David, the psalmist, recognized that prenatal development is, in fact, a wonderful demonstration of God's handiwork. A woman's pregnancy is testimony that God Himself is forming a child within her and by this work His glory is revealed. "For Thou didst form my inward parts; Thou didst weave me in my mother's womb. I will give thanks to Thee, for I am fearfully and wonderfully made; wonderful are Thy works, and my soul knows it very well. My frame was not hidden from Thee, when I was made in secret" (Psalm 139:13-15).

A person's worth, identity, dignity, and right to personhood is bestowed upon him at the time of conception. Nothing needs to be added to him to make him valuable. He has worth because of who he is, not because of what he might become. His absolute worth is a gift, something that can neither be earned nor forfeited. He is a unique and individual member of the human race. Although couples have "accidents" or make "mistakes," God does not. These accidents or mistakes are to be occasions out of which our sovereign Lord creates both a new human being and the opportunity to truly love and live in obedience to Him. We rebel against God and seek to frustrate His purpose when we kill the unborn child. Scripture affirms that, "Behold, children are a gift of the Lord" (Psalm 127:3) and we are told that it is through the bearing of children that self-fulfillment is found, not through destructive abortion.


HANDICAPPED: Another of the many arguments of the pro-abortionists is that abortion is justified when there is a prospect of a child that may be born handicapped, either mentally or physically. Sadly, this is the elitist attitude of those among us who may be "normal" physically and intellectually but find it so easy to overlook our own countless other deficiencies. We must learn to see a person's worth in terms of inherent value and not in terms of whether or not that person serves the general welfare and convenience of others. The helpless and handicapped deserve our special attention and care, not our abuse, neglect, and destruction.

It is no coincidence that it is a physician, Luke, the disciple, who reveals God's perspective to us regarding the handicapped. "...invite the crippled, the lame, the blind, and you will be blessed, since they do not have the means to repay you" (Luke 14:13-14). This command with a promise is indicative of the reverence that each of us is to have for all life, but especially for the handicapped. It is especially tragic, however, that, unlike Luke, many of the doctors of our day have abandoned the fundamental respect for life as exemplified by the Hippocratic Oath and instead have cast themselves into the paradoxical position of being both healers and exterminators.

Further regarding the handicapped, God asks, "Who has made man's mouth? Or who makes him dumb or deaf, or seeing or blind? Is it not I, the Lord?" (Exodus 4:11). It is God's intention to give us sufficient grace to sustain us through our infirmities and to use them and the infirmities of others to build maturing qualities into our lives, not the least of which includes love, joy, peace, patience, tolerance, kindness, gentleness among others. We who are "normal" are no greater than those with mental or motor disabilities, but what is greater is our responsibility to respect and protect those who are differently gifted.


RAPE or INCEST: A further condition advocated by the pro-abortionists is for abortion when pregnancy results from rape or incest. As tough and traumatic as this circumstance is, if human life possesses the value that Scripture teaches, then it is difficult to justify abortion even in this instance. Our societal laws have determined that a rapist may not be executed for his crime but are we then to render a judgment of capital punishment upon the innocent unborn of that crime? Why should the innocent child suffer for the wrong of the guilty? Abortion will never relieve the pain of the first tragedy.

Justifying abortion under these conditions is not really a separate category but is simply an extension of the argument that mental anguish somehow justifies killing another human life. Adoption, not abortion, represents an alternative to this very difficult situation. Our efforts should not be in killing the innocent child, but in helping to solve the stress of the expectant mother through supportive counseling in her time of need.

EVERY CHILD a WANTED CHILD: The concept that we can choose to kill an unborn child is to say that the value of the unborn life depends solely upon his or her "wantedness." The child becomes no more than property or an object to be discarded at the option of the mother. Sadly, the child becomes a death victim, not because of his or her own shortcomings but because of those of a society which has lost all sense of rightness.

It is a tragic irony that every unborn life in fact is really a very wanted child indeed. There is a never ending stream of childless couples who would dearly love to dedicate their lives to loving, nurturing, and raising to maturity an adopted son or daughter.


CHILD ABUSE: Pro-abortionists submit that abortion should be permitted for the reason that it reduces the prospect of child abuse on unwanted children. The majority of battered children are children who were actually wanted by their parents at the time of birth. It is not "unwantedness" which leads to child abuse but instead it is the unrealistic expectations for the child and the inadequate parenting skills which account for most child battering.

We should not, however, be surprised with an epidemic of child abuse in our country when abortion is permitted as there is a direct correlation between how we treat a baby in the womb and out of the womb.

Few atrocities, if any, have ever been perpetrated upon mankind that are as physically abusive as the physical act of abortion itself. How have we allowed ourselves to become so desensitized to such an abhorrent act which involves tearing off arms and legs by suction, or crushing the baby's head with an instrument, or chopping the baby into tiny pieces, or forcing the ingestion of a poisoning saline solution leading to a slow and agonizing death? Let us not be deceived; abortion is truly an abomination and unquestionably the earliest and most repulsive form of child abuse.


ABORTION'S SECOND VICTIM: Apart from the physical risks to the abortive mother; including hemorrhaging, infection, perforation of the uterus, cervical damage, sterility, and future miscarriages, few pro-abortionist counselors, if any, ever advise the mother seeking abortion of the long term devastating emotional scars that she must bear often for the remainder of her life. Abortion is not a single act that ends upon the baby's death.

WOMEN'S LIBERATION: Abortionists deceitfully argue that to be anti-abortion is to be anti-feminist. On the contrary, abortion is not only anti-child but it is anti-woman, dehumanizing both womanhood and motherhood.

MEDICAL REASONS: Is abortion ever justified for medical reasons pertaining to the mother's physical health? This is indeed a very difficult question but it is instructive to note that even the majority of pro-abortionist doctors concede that pregnancy rarely threatens the life of the mother. Pregnancy is a normal bodily process, not a disease or tumor.

Pro-abortionists contend that abortion must be legalized in order to minimize the risk to life and health associated with illegal back alley abortions. Let us never forget that legal or not, there is always at least one death with every abortion.


CREATED in HIS IMAGE: The God given right to life is a natural consequence of being made in His image (Genesis 1:26-27) which distinguishes mankind from the rest of creation. Destroying innocent human life is to reject that truth. We have been created in order to know God and to resemble Him in righteousness and holiness. God has given us the gift of life on this earth that we might glorify Him. We should graciously accept and protect and cherish that gift for all life from the moment of conception.

ULTIMATE JUSTICE ULTIMATELY: We should not allow a social climate of moral relativism and sexual permissiveness to dictate our response to issues. Abortion measured by any logical, biological, or theological standard whatsoever is premeditated murder; the planned and deliberate killing of a human life. We now desperately need a legal standard consistent with these other standards of truth. The willful abortion of a human life is a blatant rejection of the sovereign Lord who created that human life. The destruction of innocent life ultimately invites God's absolute and final judgment on ourselves, our society, and our nation.

The law of God is the ultimate basis for establishing justice among men and only when God's laws are embodied in our laws do we have protection for the innocent and punishment for the guilty. "Whoever sheds man's blood, by man his blood shall be shed, for in the image of God He made man" (Genesis 9:6). We have a command and a responsibility to uphold the sanctity of life and to furnish protection for every innocent being. "Deliver those who are being taken away to death, and those who are staggering to slaughter" (Proverbs 24:11).

CONSTITUTION and CHARTER of RIGHTS: Our society can pass laws which make abortion legal but to do so is to deny truth and fact for by whatever name, it is still murder. Our national Constitution and Charter of Rights and Freedoms is truly a farce when the life of the unborn child is precluded from the protection to life that every other human being in our country is afforded. When the most vulnerable in our nation are denied protection to life, all other liberties become a sham. (It is truly a disgrace that we can use the Charter to protect something as trivial as Sunday store openings but we can't see fit as a nation to preserve the sanctity of human life!)

LEGISLATION and MAJORITY MORALITY: Pro-abortionists believe that the abortion laws should be changed because many people favour change. We are not talking about liquor laws, drug laws, traffic laws, or tax laws. We are dealing with the laws which deal with the sanctity of human life. The issue of abortion is not one which should be decided on the basis of a majority consensus. A majority does not make it right. We have a responsibility to uphold what is morally right, not what is personally convenient. Even a democratic system such as ours has the responsibility to recognize that majority morality must be checked by the rights of the minority and the minority in this instance is the unborn child. The pro-life struggle is not to impose one's conscience on another but to preserve the precious right to life that is violated in every abortion.

OUR RESPONSIBILITY: Legislating against abortion is only the beginning of our responsibility. No position against abortion is proper or adequate without a practical, compassionate, sensitive, and supportive program to assist those with problem pregnancies. This is the true Biblical alternative. The woman who is confronted with a crisis for which abortion seems the only solution is deserving of the emotional, financial, and spiritual support of the community in which she lives. We would be remiss if we provided anything less for both mother and child.

NEW ETHIC: Abortion is only the leading edge of a new and perverse ethic in our society. The issue is even bigger than the sacrifice of the unborn child, it is a way of life, an entire ethic and philosophy.

It is the same forces who are involved in the legislation of abortion, while claiming to alleviate the suffering of a pregnant woman, who are involved in the promotion of other programs under the "new ethic;" infanticide and euthanasia, claiming to want to eliminate the suffering of the handicapped. In the acceptance of abortion-on-demand, there occurs a subtle and subversive shift in the attitude of society against all people who may be deemed to be unwanted; the unloved, the imperfect, the infirm, the senile, the elderly, the dependent. Who knows what other lives will eventually become dispensable under the new ethic? Life and death are not man's prerogative; they belong in the realm of God's providence.

HONOUR LIFE with PRO-LIFE DECISIONS: You, Chief Justice Dickson, and your court, were in the foremost position in all of Canada to bring an end to these abhorrent atrocities. You, in your high office, have been entrusted to protect the rights and lives of all people but instead chose to betray that obligation to restore our nation's unborn children to their rightful position in our society. Now, we as a nation, have instead chosen to sanction the killing of unborn lives and to stain our hands and our lives with the blood of aborted children. Tragically, there is no other court of appeal for these precious, voiceless, unborn lives.

It is incomprehensible why your court could not see fit to render a pro-life decision which honours all human life from the moment of conception.

Thank you for your consideration of these remarks. Your acknowledgment would be most welcome.   

Yours truly

Randall F. More, P. Eng.

cc  The Honourable Mr. Justice Beetz
      The Honourable Mr. Justice Estey
      The Honourable Mr. Justice La Forest
      The Honourable Mr. Justice Lamer
      The Honourable Mr. Justice LeDain
      The Honourable Madam Justice L'Heureux-Dube
      The Honourable Mr. Justice McIntyre
      The Honourable Madam Justice Wilson

   

                           REFERENCES


     A Pastor's Heart to Heart Talk on Abortion
     Abortion: A Twofold Response
     Abortion and Psalm 139
     Abortion, the Bible, and the Christian
     Abortion: The Silent Holocaust
     Abortion's Second Victim
     Did You Know
     Forbid Abortions?
     Open Your Mouth for the Dumb
     Pro-Life News
     Pro-Life Work and Social Justice
     The German Euthanasia Program
     The Silent Scream
     What Every Christian Should Know
     Who Broke the Baby?
     Yes, I'm a Radical

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