The Supreme Court ruled (in part) that,

State interference with bodily integrity and serious state-imposed psychological stress, at least in the criminal law context, constitutes a breach of security of the person. Section 251 clearly interferes with a woman’s physical and bodily integrity. Forcing a woman, by threat of criminal sanction, to carry a foetus to term unless she meets certain criteria unrelated to her own priorities and aspirations, is a profound interference

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with a woman’s body and thus an infringement of security of the person. A second breach of the right to security of the person occurs independently as a result of the delay in obtaining therapeutic abortions caused by the mandatory procedures of s. 251 which results in a higher probability of complications and greater risk. The harm to the psychological integrity of women seeking abortions was also clearly established.

Any infringement of the right to life, liberty and security of the person must comport with the principles of fundamental justice. These principles are to be found in the basic tenets of our legal system. One of the basic tenets of our system of criminal justice is that when Parliament creates a defence to a criminal charge, the defence should not be illusory or so difficult to attain as to be practically illusory.

Security of the person. This is a vitally important concept. The antonyms of security are: danger, insecurity, peril, trouble, vulnerability. These are apt descriptors of the feelings of a woman who finds herself with an unwanted pregnancy. In fact in an older age a young single pregnant woman was deemed to have gotten herself (virgin pregnancy? ) into trouble. Sometimes an unwanted pregnancy is a result of unwanted sexual contact. No doubt a woman in that situation would feel vulnerable, in peril and in danger.

Similarly a woman who finds that her wanted pregnancy is endangering her life, or that there is no chance of a healthy or living baby, is in a very vulnerable state. What these women need is support not photo-shopped signs of foetus pornography.

Every woman has the right to chose when or if she will carry a pregnancy. Those who claim a commitment to pregnancy and to foetuses need to get off the clinic protest lines and join the protests for decent welfare payments, social housing, a livable minimum wage, universal child care, and a stronger commitment to schools. These issues show a true love for and commitment to child welfare. And not just a strange and unhealthy obsession with the contents of women’s wombs.