Hanes: Montreal park to honor Morgentaler would be reminder for us all

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It was in an inconspicuous brick bungalow in Montreal’s east end that Dr. Henry Morgentaler opened Canada’s first clinic back in 1968, providing women with safe abortions.

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His open defiance of the law eventually led to the decriminalization of the procedure in a landmark Supreme Court decision two decades later — but not before Morgentaler was arrested, tried, acquitted and jailed.

Nearly 10 years after his death, the city is now considering naming a small park in Tétreaultville after this indefatigable champion of women’s reproductive rights — just as it appears the United States Supreme Court is poised to overturn Roe v. Wade. But the process to remember Morgentaler was initiated well before the legal bombshell in the US jolted people on both sides of the border.

Julien Hénault-Ratelle, the Ensemble Montréal councilor for Tétreaultville district, said the idea came from his colleague Karine Boivin Roy, who was defeated in last November’s municipal election.

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“When we did our research last year, we realized there was no place, not only on the territory of Montreal, but in Quebec or Canada, commemorating Dr. Morgentaler and all the work he did. … He went to prison for his convictions. He went twice to the Supreme Court where he won,” Hénault-Ratelle said. “We thought it was too bad that he hasn’t yet been recognized. And that’s why we took the steps so that there would be a place, close to the first clinic, that will be in his name.

After securing the support of Morgentaler’s widow, children and the general manager of his facility, the Mercier—Hochelaga-Maisonneuve borough council last fall approved renaming Parc Beaujeu, about half a block from that discreet bungalow where the doctor first operated. The file was forwarded to Montreal’s toponymy commission, which also gave a favorable recommendation. It’s now in the hands of Mayor Valérie Plante’s office, which is studying whether to bring the matter to council for a vote.

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“There’s a momentum right now to go forward with renaming the park in honor of Dr. Morgentaler,” Hénault-Ratelle said. “It would send a strong message on the part of the administration and the city that these are our values ​​as Montrealers and we’re going to stand up for them.”

Indeed, inscribing the name of Morgentaler on the map of Montreal would send a powerful statement at an auspicious time. It would serve as a reminder that the right to choose must not be taken for granted — whether in the US, where the issue is deepening the political chasm between the right and the left, or here in Canada, where abortion rights only exist in a legislative vacuum.

R v. Morgentaler — the 1988 Supreme Court of Canada decision that recognized forcing a woman to carry an unwanted pregnancy to term is a violation of her rights to security of the person — may have decriminalized abortion, but it didn’t legalize it. Access to abortion exists because it remains a politically divisive flashpoint that few leaders dare enshrine officially in law — or try to outlaw. But there are no guarantees.

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Former Progressive Conservative Prime Minister Brian Mulroney came close in 1991. Legislation was adopted by the House of Commons that would have made it a criminal act for doctors to terminate the pregnancies of women if their physical health was not at risk. He died in the Senate after a tie vote.

Since then, several private member’s bills tried and failed to make abortion illegal again. Ontario legislated against constant protests by anti-abortion activists impeding patients on the steps of clinics. Some provinces put up roadblocks to prevent women from obtaining the procedure.

Only now that the fragility of abortion rights has been underscored again, are proponents taking a stronger stand. Premier François Legault reassured Quebecers there are no anti-choice MNAs looking to roll back access in the governing party’s caucus. Prime Minister Justin Trudeau has spoken out in defense of women’s reproductive rights, but has been slow to act on promises to improve services. Federal Health Minister Jean-Yves Duclos on Wednesday announced an additional $3.5 million to fund access.

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But vigilance is required. Anti-abortion groups in Canada have been emboldened by developments in the US The Campaign Life Coalition plans to assert itself in the Conservative leadership race, encouraging members to support Leslyn Lewis. The group also held a protest outside the Supreme Court in Ottawa, warning that opponents don’t see the Morgentaler decision as the final word.

A recent Léger survey showed that four in five Canadians support a woman’s right to an abortion and 70 per cent are concerned the fall of Roe v. Wade could have a ripple effect here.

Abortion is a choice no woman wants to have to face. But it must remain a choice that is safe, accessible and protected.

Perhaps Morgentaler knew better than most the dangers of complacency.

After surviving the Holocaust, including internment at Auschwitz and Dachau, he came to Montreal to study and practice medicine. It was in Montreal that he provided Canada’s first safe abortions and in Montreal that he risked arrest, prosecution and imprisonment to ensure women attained reproductive rights.

Now it’s up to Montreal to ensure the legacy he left for all Canadians is never forgotten.

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