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Henry Morgentaler

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Doctor
Henry Morgentaler
CM LLD (hc) MD
Morgentaler (right), with NDP Leader Jack Layton in August, 2005.
Born (1923-03-19) March 19, 1923 (age 101)
Łódź, Poland
NationalityCanadian
Occupation(s)Doctor, activist
Spouse Chava Rosenfarb ​ ​(m. 1945⁠–⁠1975)​

Henry Morgentaler, CM (born March 19, 1923, in Łódź, Poland) is a Canadian physician and prominent pro choice advocate who has fought numerous legal battles for that cause.

Early life

Morgentaler was born in Łódź to Golda Nitka and Josef Morgentaler. His father was active in the Jewish Socialist Labour Bund. Following the German capture of Poland, Josef Morgentaler was arrested and killed by the Gestapo. During the Holocaust, Morgentaler lived with his mother and brother in the Łódź ghetto until August 23, 1944, when he was detained and sent to Auschwitz. On August 27, 1944 Henry and his brother Abraham were shipped to KL Landsberg, (satellite camp of Dachau) where Abraham remained until the end of the war. Upon arrival Henry was issued prisoner number 95077 while his young brother Abraham number 95095. In February 1943 Henry was sent to KL Kaufering (satellite camp of Dachau), he landed in a sick bay (krankenrevier), where he was finally liberated by US Army on April 29, 1945. Following his release, weighing just 70 pounds, he entered Displaced Persons Hospital in Lansberg/Lech, after few months there he was moved to DP Hospital in St.Ottilien, and after few more weeks there he moved with his brother to a Displaced Persons Camp Feldafing in Bavaria. Henry's brother Abraham left Feldafing Camp on June 18, 1946 and moved to Marburg/Lahn, and from there he applied to US authorities for immigration to US, Abraham lied to Americans about his date of birth and claimed that he was born in 1929 (actual year of birth 1927), and applied for immigration to US as a juvenile (17 years old). (Abraham Morgentaler's self report to Int. Red Cross in 1953) On 23, July, 1046 Abraham Morgentaler moved from Mrarburg/Lahn to Frankfurt/M -Sachsenhausen and entered Camp for Immigrants to US (Auswnderungelager) and on August 24, 1946 he boarded "Marine Perch" in Bremen and sailed to US. (Int. Red Cross Report re Abraham Morgentaler 1959, top of page 2) Henry Morgentaler stayed at Feldafing Displaced Persons Camp until November 28, 1946, and than moved to Mrarburg/Lahn. It is quite obvious that by that time he already heard back from his brother that he (Abraham) made it to US. It is also very obvious that Henry was trying to follow his younger brother's footsteps without waiting for his brother to try to arrange some kind of sponsorship for him. (Int Red Cross Report re Henry Morgentaler 1954, top of page 2.)

According to Henry Morgentaler's self report to Int. Red Cross submitted in 1963, while in Mrarburg/Lahn he resided at UNRA run dormitory (Studentenhaus (Unra)). On August 4, 1947 Henry Morgentaler left Marburg/Lahn for destination unknown.(Int Red Cross Report re Henry Morgentaler 1954, top of page 2.) This brief eight months long stay at dormitory in Marburg/Lahn in an unsuccessful bid to imigrate to US got coverted in Henry Morgentaler's mind into "Accepted United Nations scholarship that was being offered to Jewish survivors to study at German University that he used to study medicine while staying with German family that was forced to house him". Henry's main reason to abandon his "studies of medicine" in Germany was the fact that Chava Rosenfarb (Henry's future wife) made a brief trip to Poland in summer of 1947 in an unsuccessful bid to convince Bono Wiener , (Chava Rosenfarb's second husband) to join her and her family in Belgium. Henry, wecomed this development as an opportunity to make run to Brussels, Belgium to console his future wife Chava. Henry Morgentaler's sister-in-law Henia Reinhartz in her Memoir "Bits and Pieces", , well described harsh economic condition that her family faced while they and Henry Morgentaler lived in Brussels. Henia Reinhartz in her Memoir does not mentions even once that her bother-in-law studied medicine while in Belgium. Henry and Chava Chava Rosenfarb, married in 1949 and left Europe in February 1950 on S/S "Samaria" sailing to Canada.

Medical career

Henry received his medical education from the Université de Montréal where he graduated in 1953. After receiving his Canadian citizenship, he practised medicine in the east end of Montreal. He worked there as a general practitioner for nearly twenty years before his convictions about abortion caused serious conflict with others. On October 19, 1967, he gave public testimony before a Government of Canada committee about his belief that any pregnant woman should have the right to a safe abortion.

Morgentaler gave up his family practice and began openly performing illegal abortions in his private clinic in 1968. At the time abortion was illegal except for cases in which continuing a pregnancy threatened the life of the pregnant woman. On August 26, 1969, an amendment to the Criminal Code legalized abortion in Canada if performed in a hospital after approval of a Therapeutic Abortion Committee. Morgentaler's abortions remained illegal under that new law; they became legal in 1988 as section 251 of the Criminal Code (now known as section 287) was found to be unconstitutional by the Supreme Court of Canada.

In 2006, Morgentaler had to stop performing abortions after undergoing a heart bypass surgery. However, he continues to oversee the operation of his six private clinics.

Judicial and political battle

On June 1, 1970, Morgentaler was arrested in Montreal for performing illegal abortions. In 1972 he ran in the Federal Election in the riding of Saint-Denis as an independent, finishing fourth with 1,509 votes. Later in 1973 he claimed to have performed 5,000 illegal abortions. He was acquitted by a jury in the court case, but the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. He went to prison, appealed, and was again acquitted. In total, he served 10 months, suffering a heart attack while in solitary confinement. Morgentaler first went to the Supreme Court of Canada in an attempt to overturn the country's abortion law in Morgentaler v. The Queen but was unsuccessful.

In 1982, the Canadian Charter of Rights and Freedoms was enacted as part of the Canadian Constitution. Morgentaler was charged again in 1983 in Ontario for procuring illegal miscarriages. He was acquitted by a jury, but the verdict was reversed by the Court of Appeal for Ontario. The case was then sent to the Supreme Court of Canada. He was acquitted once again, and the Canadian Supreme Court declared the law he was convicted under to be in violation of the Charter and thus unconstitutional in the case of R. v. Morgentaler 1988 (1 S.C.R. 30). This ruling by Justice Brian Dickson essentially ended all statutory restrictions on abortion in Canada.

Morgentaler's recent legal battles have focused on obtaining universal public funding for abortions. In New Brunswick, for example, the provincial health care system only pays for abortions performed at authorized hospitals and approved by two physicians. Morgentaler has challenged this policy and it is currently before the courts.

Morgentaler is currently working to open two private abortion clinics in the Canadian Arctic, so that women who live there do not have to travel vast distances to obtain abortions.

Death threats and assaults

Death threats against Dr. Morgentaler have been frequent.

In 1983, a man attacked him with garden shears outside of his Toronto abortion clinic. Judy Rebick blocked the attack, and Morgentaler remained unharmed. Augusto Dantas was charged with assault and with possession of a weapon dangerous to the public good.

In 1992, his Harbord Street clinic in Toronto was bombed, although Morgentaler was not physically harmed. In 1993, he won another case before the Supreme Court, R. v. Morgentaler, this time challenging provincial abortion regulations.

In response to the stabbing of Dr. Garson Romalis in 2000, Morgentaler noted that some doctors had stopped doing abortions in Ontario, New Brunswick and Newfoundland. "For years, we have been living in the shadow of the doctors being killed", said Morgentaler. "This violence is a sign of frustration, rage and moral bankruptcy in the anti-abortion movement."

Other legal troubles

In 1976, the Disciplinary Committee of the Professional Corporation of Physicians of Quebec suspended Morgentaler's medical license for a year as a result of his conviction for having performed an illegal abortion. According to Catherine Dunphy's 1996 biography of Morgentaler, the committee "commented on 'an attitude which is primarily directed to protecting his fees. No really valid interview is held before proceeding with the abortion. This behaviour confers a mercenary character on the doctor-patient relationship. This committee is incapable of reconciling this behaviour with the humanitarian concern that the accused invoked throughout his defence.'"

The Montreal Gazette previously reported in 1974 that according to police evidence, Morgentaler was re-using disposable vacurettes, against the manufacturer's instructions which stated that they "cannot be re-used". The Gazette reported that when contacted, Morgentaler stated that earlier model Vacurettes "could occasionally be used more than once", but he insisted that "whether someone uses a Vacurette once or twice has nothing to do with practising good medicine." A 1991 Alberta Report article reports that he now denied having re-used vacurettes, but it also reported that according to The Gazette's lawyers, Morgentaler never took any legal action against that paper.

In 1973, on the basis of Morgentaler's public claims that he had performed thousands of abortions, the Quebec Ministry of Revenue ordered him to pay $354,799 in unpaid income taxes. An out-of court settlement reached a few years later resulted in Morgentaler paying $101,000 instead.

Honours and awards

Dr Henry Morgentaler was the first president of the Humanist Association of Canada (HAC) from 1968 to 1999. He remains the organization's honorary president. The HAC bestowed him with the Lifetime Achievement Award on August 3, 2008 in Toronto, Ontario, during its 40th anniversary celebration convention, the largest Humanist convention in the nation's history.

The American Humanist Association named him the 1975 Humanist of the Year, along with Betty Friedan.

On June 16, 2005 the University of Western Ontario conferred an honorary Doctor of Laws degree upon Morgentaler; this was his first honorary degree. This decision by UWO's senate honorary degrees committee generated opposition from Canadian pro-life organizations. 12,000 signatures were acquired on a petition asking the UWO to reverse its decision to honour Dr. Morgentaler and several protest rallies were held, including one on the day the honorary degree was bestowed. A counter petition, supporting the UWO's decision, gained over 10,000 signatures.

On August 5, 2005 Morgentaler received the Couchiching Award for Public Policy Leadership for his efforts on behalf of women's rights and reproductive health issues.

The Canadian Labour Congress recognized him on May 28 2008 with its highest honour, the Award for Outstanding Service to Humanity.

Order of Canada

Morgentaler was named to the Order of Canada on July 1, 2008, recognized "for his commitment to increased health care options for women, his determined efforts to influence Canadian public policy and his leadership in humanist and civil liberties organizations." Abortion-rights activists applauded the decision, saying Morgentaler put his life and liberty on the line to advance women's rights, while pro-life groups strongly criticized the award, saying it debased the Order of Canada. Several members of the order have said they will return their insignias to Rideau Hall in symbolic protest, including Roman Catholic priest Lucien Larré, Gilbert Finn, former Lieutenant-governor of New Brunswick, Frank Chauvin, a retired police detective who founded an orphanage, and the Madonna House Apostolate on behalf of the deceased Catherine Doherty.

On the matter, Prime Minister Stephen Harper said he'd rather see the country's highest civilian award "be something that really unifies" and "brings Canadians together", while Liberal Party leader Stéphane Dion said, "Dr. Morgentaler has stood up for a woman’s right to choose to for his entire career, often at great personal risk", and asked Canadians to respect and celebrate the decision.

On June 1, 2009, three (now former) members of the Order of Canada gave up their accolades and left the order in protest against Morgentaler's admission. Catholic archbishop of Montreal, Cardinal Jean-Claude Turcotte has resigned from the order, along with Montreal astronomer René Racine, and Montreal pianist and conductor, Jacqueline Richard. Cardinal Turcotte explained his resignation to the CBC, saying, "I'm worried about how we treat life, from conception to death. I decided to take a stance that clearly reflects my convictions."

Media and cultural representations

Morgentaler was the subject of a 1984 National Film Board of Canada documentary Democracy on Trial: The Morgentaler Affair, directed by Paul Cowan. In 2005, the CTV television network produced a television movie documenting Morgentaler's life and practice.

A famous Montreal Gazette editorial cartoon by Terry Mosher lampooned Montreal Mayor Jean Drapeau's proclamation that the debt-ridden 1976 Summer Olympics could no more have a deficit "than a man can have a baby." In the cartoon, an apparently pregnant Drapeau is shown placing a telephone call to Morgentaler.

The alternative rock band Me Mom and Morgentaler used the doctor as the inspiration for its name.

References

  1. CTV.ca | Morgentaler proud to be 'finally' recognized
  2. Sandra Martin. "Controversial abortion doctor faced a lifetime of persecution". The Globe and Mail. Retrieved 2009-04-05.
  3. Morgentaler Clinic (2006). About Us
  4. Statistics Canada (2006). Induced Abortions Statistics 2003
  5. Joseph Brean. "'Proud' to join Order", The Gazette, Montreal, July 3, 2008.
  6. Ann Marie McQueen. "Part 3 : 'I rose to the challenge'", Edmonton Sun, December 17, 2007.
  7. globeandmail.com
  8. Abortion in Canada | Human Quest | Find Articles at BNET
  9. CBC News (2008-08-08). "N.B. court gives nod to Morgentaler's challenge". Retrieved 2008-08-08.
  10. Sandra Martin." Controversial abortion doctor faced a lifetime of persecution", Globe and Mail, July 2, 2008.
  11. Vue Weekly : Edmonton's 100% Independent Weekly : NO ACCESS, NO CHOICE
  12. Mark Nichols. "Abortion Doctor Stabbed", Maclean's, July 24, 2000.
  13. ^ Catherine Dunphy. Morgentaler: A Difficult Hero, Random House of Canada, Toronto, 1996, p. 164. ISBN 0394223918
  14. Tom Pawlick. "Morgentaler re-used instruments despite maker's warning", The Gazette, Montreal, December 24, 1974.
  15. Celeste McGovern. "Skeletons in the closet", Alberta Report, April 1, 1991.
  16. Anne Collins (1985). The Big Evasion: Abortion, the Issue that Won't Go Away, Lester & Orpen Dennys, Toronto, page 141. ISBN 0886190606
  17. University honours Morgentaler - Television - CBC Archives
  18. The Couchiching Institute on Public Affairs, "2005 Recipient Dr. Henry Morgentaler"
  19. Canadian Labour Congress, "Dr. Henry Morgentaler Receives Canadian Labour’s Highest Award", Media Release, May 28, 2008
  20. Morgentaler named to Order of Canada, Globe and Mail, July 1, 2008
  21. http://media3.marketwire.com/docs/gova_annexe0701.pdf
  22. CTV.ca | Morgentaler proud to be 'finally' recognized
  23. B.C. priest returns Order of Canada in Morgentaler protest, Canwest News Service, 2 July 2008.
  24. Former lieutenant-governor returns Order of Canada in protest, CBC News, 9 July 2008.
  25. Windsor man to become latest to reject Order of Canada
  26. Order of Canada to be Returned Publicly Tuesday. Accessed 8 July 2008.
  27. Lewis, Charles. Group to return Order of Canada, National Post, 8 July 2008.
  28. CTV.ca | Order of Canada should unite Canadians: Harper
  29. Morgentaler 'honoured' by Order of Canada; federal government 'not involved'
  31. Cowan, Paul (1984). "Democracy on Trial: The Morgentaler Affair". Documentary. National Film Board of Canada. Retrieved 2009-10-28.

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