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MEGAN O'TOOLE
TELEGRAPH-JOURNAL

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FREDERICTON - Opinion is bitterly divided in the province over the appointment of leading abortion-rights activist Dr. Henry Morgentaler to the Order of Canada.

Pro-life activists quickly condemned the appointment as "appalling" and "disgusting," while abortion clinic staff in Fredericton lauded it as a victory for choice.

The appointment also had some observers asking why a lawsuit launched by Morgentaler has been stalled in the New Brunswick court system for over a year as the controversial abortion doctor awaits a decision on his legal standing.

Simone Leibovitch, manager of the Morgentaler Clinic in Fredericton, said the Order appointment has been a long time coming.

"It symbolizes the fact that people finally recognize he's done something very significant," she said. "He's accepting the honour for himself and also for all these other people working in clinics throughout Canada, doctors who have been hurt and shunned, nurses who have had difficulty."

Leibovitch said the debate is especially explosive in New Brunswick, which - unlike other provinces, including Ontario and British Columbia - refuses to fund abortions in private clinics.

Morgentaler has become a lightning rod for the strong opposition to abortion, but women are the ones who have really suffered, she added.

"Women trying to get the procedure done in New Brunswick are fighting a climate of fear and shame," Leibovitch said, adding it's also a financial burden, costing between $550 and $750. Women can get abortions in hospital, but availability is limited and they must be referred by family doctors, Leibovitch added.

Peter Ryan, executive director of the New Brunswick Right to Life Association, condemned Morgentaler's appointment, saying it shows a "shocking disregard" for the values many Canadians hold dear.

"It just flies in the face of who we are as a country founded on the belief in God and the sanctity of life," Ryan said. "Here we are honouring someone who has spent his life taking the lives of innocent children.

"It is a monumentally bad judgment that should be revoked."

Ryan said the controversy over the decision to appoint Morgentaler to the Order will not quickly blow over, adding many people have already expressed interest in banding together to push back.

He cited polls showing most Canadians were not in favour of funding private abortion clinics from the public purse.

"This is a watershed moment," Ryan said. "It's a defining kind of issue: Are we a country for life or for death?"

Morgentaler is still waiting for his day in court in New Brunswick. After challenging the provincial abortion policy, he asked a judge to rule if he has standing to bring forward a lawsuit. A year later, that still has not been resolved.

The lawsuit centres on legislation governing abortion, which states that the province will only fund the procedure if two doctors certify it is medically necessary, and that it can only be performed in hospital by an obstetrician/gynecologist.

In arguing for standing, Morgentaler's lawyer said he is representing the interests of women who cannot use abortion services because of the legislation, noting social stigma makes it unlikely any woman would come forward to challenge the law.

Rosella Melanson, executive director of the New Brunswick Advisory Council on the Status of Women, said Morgentaler is still waiting to fight the same battle in this province that he has already won in other jurisdictions.