… given the extent to which Canadian media and politics has become thoroughly Americanized in the past few years, it was inevitable that the draft ruling immediately took over the front pages of our national papers and became the dominant topic of debate in the House of Commons. And while we are loath to contribute to what we see as a very unhelpful trend, there are some Canada-relevant aspects of this that at least one of your editors thinks are worth discussing.
The first is the obvious glee with which the Liberal party greeted the leak. Of course they all acted appalled, with a parade of cabinet ministers taking to Twitter to talk about the “concerning” news out of the U.S. and to make it clear that they would never allow anything like this to happen in Canada.
But for all their bluster, the Liberals long ago perfected a curious little two-step here. On the one hand, they never tire of asserting that the debate over abortion is “settled”, and that the pro-choice position is and will always be the law of the land. Yet on the other hand, Liberals are constantly acting as if we’re just one private member’s bill away from Canada becoming the Republic of Gilead. But as Chris Selley pointed out in a recent column, if abortion rights are so fragile and tenuous, why haven’t the Liberals done anything about it? Perhaps the imminent overthrow of Roe v. Wade in the U.S. might provide the government with the perfect occasion to finally put abortion rights on Canada on a proper legislative footing. Or, at the very least, define and defend the status quo.
That will never happen, for two reasons.
The first reason the Liberals won’t move to do something has to do with a philosophical equivocation at the heart of Canada’s pro-choice movement. In some guises, the pro-choice position is framed as a harm reduction policy, not completely dissimilar to needle exchange programs or safe injection sites for drug users. That is, while we may legitimately debate and disagree over the moral worth of the activity itself, there is no question that it is something that is going to happen regardless. Given that, the best thing for the state to do is make sure that the circumstances under which it takes place are as safe and accessible as possible, while withholding moral judgment.
But there’s another position, which holds that abortion is akin to a victimless crime: the fetus simply deserves no moral standing, so getting an abortion is no more morally controversial than getting your appendix removed.
The advantage to the status quo is that it allows the government, as well as pro-choice supporters, to remain formally agnostic on this question. There is no law, so the law needs to take no position. But any attempt to put a legal framework around abortion would probably require that the fetus be given some status at some point in development. And that opens a huge can of worms, not least for someone like Justin Trudeau who, at times, has claimed to be personally opposed to abortion but a pro-choice practicing Catholic. Why would he be against abortion personally, unless he believed that it was, at some level, wrong?
This brings us to our second point. In his column, Selley called on Trudeau to “grow up” and defend the status quo on its principles. But why would he do that? The Liberals benefit enormously from the status quo, including the lack of clarity around it. Abortion is legal (in the sense that there is nothing in the criminal code forbidding it), and reasonably accessible, depending on which part of the country you live in. But it’s also tenuous, which means the Liberals get to spend a good part of every election campaign wedging the ever-loving crap out of the Conservatives, whose benches are chock full of people who are anti-abortion, or at least, anti-the-status-quo on abortion.
Given how successful this strategy has been, there is no reason for the Liberals to change it, since for them the tenuous status of abortion is a feature of the current regime, not a bug.
