A group of Alberta Catholic lawyers have proposed amendments to Bill C-43.

The St. Thomas More Guild of Northern Alberta undertook this project because of a concern over lack of legislation governing abortion, according to Guild president Theodore Bosse.

The Guild states in its report that Bill C-43, in its present form, “only loosely specifies the circumstances in which a legal abortion may occur, thereby permitting in effect, abortion on demand.” The Guild’s amendments attempt to balance the interests of “the rights of women, the public interest in regulating abortions, and the rights of unborn children,” the report states.

In an interview with the Western Catholic Reporter of Edmonton, Mr. Bosse noted that the Guild kept in mind “the rationale or logic used by the Supreme Court of Canada” when it struck down the previous abortion law January 28, 1988.

Bill C-43 will also have to bear the court’s scrutiny, he noted.

He also pointed out that “in certain circumstances society will and does elect with the intent of performing abortions” and that the amendments would not be restrictive to the point of not allowing that option.

There was no consultation with any pro-life groups when preparing the report, Mr. Bosse told The Interim, adding, “It’s our position. Other groups have their mandates… we’re a group of people used to laws and regulations.”

In proposing amendments, the Guild takes a different position from that of national pro-life groups who have been calling for the defeat of Bill C-43, saying it is fundamentally flawed and no amendments could transform it into pro-life legislation.

Mr. Bosse told the Western Catholic Reporter that insofar as a person “is prepared to discuss at all that Parliament should pass an act respecting abortion,” it is assumed there be access to abortion in situations when the woman’s health is in danger.

He admitted that if the pro-life movement takes the position that “absolutely no abortion is contemplated in any circumstances whatsoever, then (the amendments) would not be acceptable to it.”

The Guild, whose membership fluctuates from 60 to 120, approved the report in a general meeting which had enough members present for a quorum, Mr. Bosse told The Interim.

It was not unanimously accepted by members, as there are those who are “emphatically pro-life” and “do not recognize abortion,” he said.

Archbishop Joseph MacNeil of Edmonton “was involved in the process,” Mr. Bosse said; “he has made aware of the concerns lawyers have in the lack of legislation” and encouraged the Guild to have its say.

The Guild did not seek endorsement of its position from the archbishop, who received the report and indicated “he supports the expression of a view by civil lawyers,” Mr. Bosse said.

All Members of Parliament have received the proposed amendments, and some, including Willie Littlechild and Don Mazankowski, have expressed appreciation for the input, Mr. Bosse said.

The amendments proposed by the Guild would allow for an induced abortion only with the woman’s informed consent, and only if in the written opinion of two doctors “the continuation of the pregnancy endangers the life of the female person or seriously or substantially endangers her health” and if “the only available medical treatment is abortion.”

The Guild further recommends that the “opinion” of the doctors “shall not be based on or refer to the effects of stress or anxiety which may accompany an unexpected or unwanted pregnancy, or social or economic considerations.”

The Guild also stated it was “pleased” that Bill C-43 is criminal legislation. “Through enacting criminal law, Parliament has demonstrated its continued support for respect for human life, including the interests of the unborn child,” the report said.