Mr. Speaker, I am pleased to participate in today's debate on Motion M-91 put forward by my colleague from Yorkton-Melville.
Abortion has long been a matter of concern to the people of Quebec and Canada. It is a very sensitive issue that brings into play profound and very different convictions on individual rights, social responsibility and moral standards. It also raises questions on the place of women in our society. For all these reasons, abortion could easily become a divisive issue.
This, however, does not mean that the issue of abortion must be ignored. Unfortunately, too many governments, lacking the courage or the political will to take their responsibilities in sensitive matters, go for the easy way out and bury their heads in the sand.
At that level, the motion put forward by my colleague from Yorkton-Melville at least has the merit of trying to move the issue forward. The motion reads as follows: That, in the opinion of this House, the government should enact legislation which would require that a binding, national referendum be held at the time of the next election to ask Canadians whether or not they are in favour of federal government funding for abortions on demand.
The idea of asking Canadians to settle the matter is quite democratic and may seem interesting at first sight. It would be nice to see the Liberal government be as democratic toward the men and women of Quebec who want to make Quebec a sovereign country. These people will undoubtedly remind them of this in the next election.
To get back to Motion M-91, one must go beyond mere appearances and wonder whether a referendum is really the best way to settle this matter. After thinking about this and reading the documentation available, I can only conclude that a referendum is not the way to go, for several reasons.
First of all, there is a vast consensus within the public in favour of free choice; that is a well known fact. An Environics poll dated June 29, 1992, indicated that 79 per cent of Canadians agreed that the decision to abort is one that should be made by each woman, in consultation with her doctor. In Quebec, 80 per cent of respondents also agreed with this statement. Considering that, every year, more and more people support freedom of choice, we have every reason to believe that these numbers are at least as high, if not higher, today.
I therefore think that holding a referendum on this issue is unnecessary. It is up to us, as elected members, to act accordingly.
The public is not the only one in favour of free choice. Year after year, decision after decision, the courts reaffirm the legality of abortion. An often used argument concerns the rights of the mother to be. On August 8, 1989, the Supreme Court ruled that no presumed rights of the foetus or the father existed or should take precedence over a woman's right to decide what happens to her own body.
This kind of thinking on the part of the courts is observed worldwide. In the United States, in England or wherever, it is
becoming increasingly obvious that the only arguments against abortion that may hold up are moral in nature.
The motion before us today also raises a totally different issue, concerning jurisdiction over matters of abortion. Under section 92(7) of the Constitution Act, 1867, the establishment, maintenance and managements of health care institutions come under exclusive provincial jurisdiction. We can never stress this point enough. In addition, the courts have vested in provincial legislatures extensive jurisdiction over public health matters of a merely local or private nature, in accordance with section 92(16).
Regulatory control of all professions, and health care professions in particular, also fall under the provinces' jurisdiction over property and civil rights, in accordance with section 92(13) of the aforementioned act.
For these reasons, which leave no doubt as to the fact that Quebec and the other provinces have jurisdiction over health, the federal court of appeal ruled, in 1983, that the general issue of abortion comes under the exclusive jurisdiction of provincial authorities.
Therefore, we wonder why it should be necessary to ask Canadians whether or not they are in favour of federal government funding for abortions, as proposed in the motion moved by the hon. member for Yorkton-Melville.
Let us be clear: health comes under provincial jurisdiction. It is only because it acted in a roundabout way that the federal government managed to get involved in this sector, thanks to its spending power. Of course, eligibility for federal funding depended on certain conditions being met. We all know the story very well.
Upon reading the motion moved by the hon. member for Yorkton-Melville, one also wonders about the appropriateness of holding a referendum at the same time as a general election. The themes, the stakes and the whole dynamic surrounding an election are many and varied, and are not necessarily given the same weight.
Imagine for a moment that the motion is passed, that the government enacts a law, and that a referendum is held in Canada and in Quebec on federal funding for abortions. What do we do with the results? How do we interpret them?
For example, if a majority is in favour of federal funding for abortions, which conditions should apply? Who can perform these abortions? Where? When? How? For what reasons can a woman get an abortion? Who ultimately makes the decision? All these questions remain unanswered because the current wording of Motion M-91 only deals with the financial issue.
By contrast, if a majority opposes federal funding, does it mean these people are opposed to abortion? Not necessarily. People may be in favour of abortion, but opposed to its funding.
In conclusion, the motion before us raises more questions than it answers. Given the costs of a referendum, we seriously wonder about the appropriateness of the wording of Motion M-91, not to mention that we would first have to ask the Prime Minister to tell us which percentage, in his opinion, would be required, since he seems to be in the process of redefining democracy.
The issue of abortion is much too important for women and for society in general to be treated as a mere funding issue, particularly through a referendum to be held at the same time as a federal election. For all these reasons, and for other ones, I cannot support Motion M-91.