House of Commons Hansard #106 of the 43rd Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was women.

Topics

Sex-Selective Abortion ActPrivate Members' Business

May 28th, 2021 / 2:25 p.m.

Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, today we are debating an extremely sensitive topic that should not even be up for debate, in my view.

I cannot believe that the Conservatives want to reopen the abortion debate. It boggles the mind. Let us just say what this bill really is. Bill C-233 is an anti-abortion bill. My colleagues will say that opinion is divided within the Conservative Party, but each Conservative member chose to join a party with common values.

When I went into politics, I joined a party that shared my values. I can say without hesitation that the Bloc Québécois and I unequivocally defend women's right to control their own bodies, women's right to choose, and the right to free, accessible abortion services.

I have a serious problem with the fact that these rights are being called into question. I have a serious problem with the fact that a woman is trying to tell other women what to do with their bodies. That is what the member for Yorkton—Melville is doing with her bill. She is reopening a debate that was thought to be closed for good, on an issue that women have already fought too long to settle.

I want to remind the House that women did not obtain the legal right to seek an abortion until 1988. In Quebec, the consensus is that the abortion debate must not be reopened. That consensus has been in place ever since the 1988 Supreme Court ruling that struck down the provisions criminalizing abortion.

The decision to have an abortion is one of the most delicate decisions a woman can face. Such a serious decision must be left up to women, and only women. A woman's body belongs to her alone. No one can make that decision but her. “My body, my choice”, as the slogan goes.

As we can see, this is a fragile right that continues to be threatened by opponents who are using backdoor tactics to reopen this debate and limit women's right to make free choices about abortion.

I was worried about the rise of Donald Trump in the United States, as well as the appointment of certain conservatives to the U.S. Supreme Court and their interest in reopening this debate. I never thought it would happen here, in a free and democratic society that generally promotes women's rights.

As a woman, I am disappointed to once again be fighting for rights that should already be a given. It is disappointing to hear the Conservatives say that they do not want to reopen the abortion debate, even though they keep bringing it up. This time, they are going about it in a roundabout way by raising the issue of sex-selective abortion. This issue adds all kinds of nuance to the debate, and the Conservatives are using it as a flimsy pretext to find new legal grounds to criminalize abortion.

I must say that it is hard for the feminist in me to avoid qualifying my comments in this debate. As a woman and as a feminist, I do not approve of sex-selective abortion. However, I am firmly opposed to allowing the government to interfere in women's bodily autonomy. That is not the role of the government or elected officials. Women are free to decide whether or not to continue a pregnancy. They are the only ones who can make that decision.

Although sex-selective abortion is based on misogynistic and sexist ideas, we cannot fight it by imposing more social control on women. We cannot fight sexism with sexism. The solution is not more control, but more equality.

I do not agree with this bill, and I will go even further by saying that rhetorical manipulation and the hijacking of the discourse on human rights and the fight against discrimination are outdated, worn-out stratagems that do not show the manipulators in a good light and that undermine public confidence in democratic institutions.

Hijacking the discourse on human rights undermines the fight for human rights. Parliamentarians have a moral responsibility to state their real intentions when they open a dialogue on behalf of the citizens they represent. That is what determines the quality of the democratic conversation.

Obfuscating the debate on abortion rights reduces the quality of the democratic conversation. These tactics must be recognized, called out and stopped. I sincerely hope that the leader of the Conservative Party will publicly acknowledge that Bill C-233 is just a strategy to attack the right to abortion and that he will call on his members to oppose it out of respect for all women.

The Conservative member's initiative is part of a series of tactics used by anti-abortionists to challenge the status quo in Canada. Sex selection is one avenue that pro-lifers and Canadian and U.S. evangelical groups enthusiastically pursue to make things tricky for the pro-choice side at every turn.

For those who might not be familiar with the concept, sex-selective abortion is selective abortion based solely on the sex of the fetus. Unfortunately, the practice is typically carried out on female fetuses in countries where cultural norms place a higher value on boys than on girls.

For cultural reasons, there is apparently a certain segment of the population in Canada that uses abortion to favour the birth of boys, which is absolutely deplorable. The idea that it is legitimate to selectively terminate female fetuses on the grounds that girls are inferior human beings is absolutely unacceptable. I feel sick just thinking about it.

I do not want my comments to be taken out of context. There is a huge difference between opposing a practice and supporting its statutory prohibition. It should be noted that this is an extremely marginal phenomenon in the country and the numbers show that it has no impact on the ratio of male to female births. It would be wrong to believe that this is common practice within cultural communities in Quebec and Canada, because the vast majority of communities do not practice sex-selective abortion.

Fortunately this practice is fading away and will hopefully soon disappear entirely. This change happens precisely because of the influence of culture and the value placed on gender equality, and not because of any prohibition. It reminds us that we must counter instances of discrimination by emphasizing the importance of valuing equality and promoting human rights, not by relying on coercion and control.

As a young woman and a parliamentarian, I want to promote the values of equality and the advancement of rights. Women do not need to justify their decision to terminate a pregnancy. The only concern of health care professionals should be the health and safety of their patients, who have the right to a safe abortion.

The provisions of Bill C-233 compromise patient safety by introducing fear and mistrust into the patient-doctor relationship. Clause 2 of the bill would make it an offence, liable to imprisonment for a term of not more than five years, for a medical practitioner to perform an abortion knowing that the abortion is sought on the grounds of the fetus's genetic sex.

I think it is extremely problematic for the state to interfere in the patient-doctor relationship. That is why I am vigorously opposed to this bill. I am opposed to this bill because I do not want to reopen the abortion debate in any way. I am opposed to this bill because women and only women can decide whether to have an abortion. I am opposed to this bill because I want to protect the health and safety of women.

Today it is sex-selective abortion, but what will it be tomorrow? We do not want to reopen the debate. The selective abortion of female fetuses is merely a symptom; it is not the problem. The root of the problem is misogyny and the undervaluing of girls and women.

A law banning sex-selective abortion would simply sweep the problem under the rug. We must work to raise the status of girls and women over the long term by actively preventing discrimination and by promoting equity and equality.

The symptom of selective abortion of female fetuses will end when families feel that their daughters have equal opportunities and are valued just as much as a son would be. We have much work to do to continue to advance women's rights. Now is not the time to roll back those rights. We owe it to our mothers, our daughters, our wives, our friends and our sisters. We owe it to ourselves.

Sex-Selective Abortion ActPrivate Members' Business

2:35 p.m.

The Assistant Deputy Speaker Carol Hughes

Before we go to resuming debate, I want to advise the hon. member for Carlton Trail—Eagle Creek that she will have seven minutes for her speech, as her hon. colleague has a right of reply for five minutes.

The hon. member for Carlton Trail—Eagle Creek.

Sex-Selective Abortion ActPrivate Members' Business

2:35 p.m.

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Madam Speaker, I am pleased to speak to my hon. colleague's private member's bill, Bill C-233, the sex-selective abortion act.

Canada is a nation that has long been firmly committed to and defended human rights, both at home and abroad. We have often been proactive in our efforts to protect those who cannot protect themselves and to stomp out discrimination.

Now we are being confronted with the issue of sex-selective abortion. It is an issue that will test our commitment to protecting human rights. The bill seeks to amend the Criminal Code to make it an offence for a medical practitioner to perform an abortion knowing that the abortion is sought solely on the grounds of the child's genetic sex. It also requires the Minister of Health, after consultation with representatives of the provincial governments responsible for health, to establish guidelines respecting information provided by medical practitioners in relation to a request for an abortion.

It must be noted that in Canada, sex selection in the case of embryos is already illegal under the Assisted Human Reproduction Act, 2004, section 5(1)(e). I believe that a criminal prohibition should be added to the Criminal Code in order to extend this same protection to pre-born girls.

Research from the Canadian Medical Association Journal, as well as several provincial colleges of physicians and surgeons, has indicated that sex-selective abortion is an issue in Canada. This is intolerable. In fact, Canada's health care profession has shown concern with sex-selective abortion and discourages the practice.

Sex-selective abortion is wrong and this practice is happening in Canada today because there is no law against it. It is also well documented that sex-selective abortion disproportionately targets girls. There is this idea, and it is perpetuated from the beginning of life, that for some reason the life of a male is more valuable than the life of a female. How can we proclaim ourselves a country of equality when we continue to allow the practice of terminating a pregnancy on the grounds of the genetic sex of a child, perpetuating the belief that one sex is more valuable than the other?

In a society such as ours, one that strongly advocates for and seeks to protect equal rights between the sexes, sex-selective abortion has no place. If as a society we are truly serious about fighting sexism, we must start at the very beginning with the practice of sex-selective abortion. It is an inherently discriminatory practice that targets females and promotes sexism, and it must be stamped out.

Our Charter of Rights and Freedoms states that every person should be treated with the same dignity, respect and consideration regardless of sex. However, the practice of sex-selective abortion starts females off on an uneven footing. They are being treated differently from the very beginning. This practice cannot be allowed to continue in a society that claims to support equality of the sexes.

It is also important to note that while a majority of Canadians support access to abortion, a majority of Canadians oppose sex-selective abortion. The purpose of the bill is very clear. It is not intended to limit access to abortion; rather, it is being put forward to address the inequality that exists between the sexes in their earliest forms.

To summarize, the bill would prohibit medical practitioners from knowingly performing sex-selective abortions and includes indictable and summary offences should they do so. It includes a directive for guidelines to be established on how medical practitioners would provide information on the prohibition to pregnant persons. Finally, the penalties outlined in the bill are consistent with those found in section 241.3 of the Criminal Code for failing to allow the medical assistance in dying safeguards.

I implore every member of the House to give their support to this bill. This is not a question of access to abortion, but a question of the use of abortion for a specific purpose that targets females.

For a society that has come so far in combatting sexism, we must continue in our fight to stop sexist practices. This is a time when we can all come together and send a message that the targeting of pre-born girls is unacceptable and we will not allow it to continue in Canada.

By adopting appropriate legislation to end discrimination against any person based on sex, we are reconfirming Canada's commitment to advancing human rights.

I would ask all members in this place to vote in favour of this bill to send the message that discrimination is not acceptable in Canada and will not be tolerated. This protection is long overdue.

Sex-Selective Abortion ActPrivate Members' Business

2:40 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, as we close second reading on the sex-selective abortion act, I have some thoughts to share.

I would like to thank my colleagues on both sides of this House for contributing to the debate. Regardless of our political stances, parliamentarians have begun to have the important discussion that Canadians have been asking for on this universally condemned practice.

Eighty-four percent of our constituents have been clear that an evaluation of sex-selective abortion and its place in our country is overdue. I am glad this House and this minority Parliament, have begun to honour their wishes.

We should not be afraid to have this conversation. Despite claims to the contrary, sex-selective abortion does not fit within a rigid understanding of abortion in Canada. Let us remember that a majority of Canadians would like to continue to have access to abortion. That is what makes this debate so unique.

It is clear that Canadians identify and treat sex selection as a stand-alone human rights issue. The medical community, cultural groups and those with divergent views on the matter of abortion believe that this procedure, performed solely on the basis of sex, is fundamentally wrong. As I have said many times during the course of this discussion, the vast majority of those who would like sex selection to be made illegal are in fact pro-choice. They are not pro-abortion for any reason, but pro-choice. These facts should send a strong message to everyone in this House. We have a mandate from Canadians to act.

As Dr. Kiely Williams, MD, said, “We are finally in a position to stop [sex-selective abortion]. It is very rare in politics when we’re presented with a bill that all parties can support. There are no Canadian political parties that do not support a woman’s right to life.”

Indeed, I was encouraged to hear from my colleagues throughout this debate that they believe sex-selective abortion is wrong, so why are some members against passing this bill into law?

We should be gripped by this discussion and treating it with the seriousness it deserves. As direct representatives of the people of Canada, we were elected to defend the equality of all Canadians before and under the law, regardless of race, nationality, ethnic origin, colour, religion, sex, age, or mental or physical disability. We have an obligation to address gaps in our laws that fail to meet this standard.

The continued practice of sex-selective abortion is a glaring hole in our laws that denies equal rights to Canadians on the grounds of age and sex at a minimum. It needs to stop and we have the power to do so.

Furthermore, we were each sent to this place to enact the reforms that Canadians want. That is a key reason why I introduced this bill and I am so proud of it.

Poll after poll tells us that the tolerance of Canadians for sex selection has run out. Rather than resorting to tired accusations that do not speak to the heart of this bill, we have the opportunity to judge it for what it is, which is a reasonable limit on abortion that forms just one part of a response to the prevalence of sex-selective practices. On this issue, parliamentarians should abandon absolutist narratives on the abortion debate and accept that Canadians have identified a key problem that is in need of a legislative solution.

I truly believe this House has taken the first step on behalf of women and girls in addressing a persistent human rights failure. Indeed, as the only democratic country internationally that lacks a sex-selection law, the world is looking at Canada to fill this void.

The debate that we have had on this bill will not soon be forgotten by Canadians and the human rights community. It is one thing to permit a debate to take place. It is an entirely different thing to take the necessary action to rectify the tragedy of sex-selective abortion. This Parliament has the power to make a bold statement in defence of equality between the sexes in the next generation. Canadians are counting on us to make that important decision now so that future generations can benefit from it later.

Today I am asking members to continue to honour the wishes of Canadians by taking the next step forward and voting in favour of Bill C-233. To me the choice could not be clearer. On the one hand, we can allow divisive politics to continue to obscure this debate and permit the deliberate termination of baby girls to continue solely because of their sex. On the other hand, we can take a bold stand for women in this country, see this bill for what it is and pass a prohibition on sex-selective laws. We can send a clear message, both here and around the world, about the values our country stands for and what it does not permit.

I know our nation is behind this bill, and wants it to be sent to committee so it can receive the debate and constructive scrutiny it deserves. Finally, I rest my case for today. I know I have represented the concerns and desires of the majority of those who have been called here to serve to see the sex-selective abortion act become law in Canada.

Sex-Selective Abortion ActPrivate Members' Business

2:45 p.m.

The Assistant Deputy Speaker Carol Hughes

It being 2:50, the time provided for debate has expired. Accordingly, the question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. member for Yorkton—Melville.

Sex-Selective Abortion ActPrivate Members' Business

2:50 p.m.

Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Madam Speaker, I would request a recorded division.

Sex-Selective Abortion ActPrivate Members' Business

2:50 p.m.

The Assistant Deputy Speaker Carol Hughes

Pursuant to an order made on Monday, January 25, the division stands deferred until Wednesday, June 2 at the expiry of the time provided for oral questions.

It being 2:51, the House stands adjourned until next Monday at 11 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 2:51 p.m.)