WHTTBY FREE PRESS, WEDNESDAY, NOVEMBER 14, 1984, PAGE 5 "I have sworn upon the altar of God eternal hostility against every form of tyranny over dui~a nd THE CROW'S NEST .: by Michael Knell What ever happened to the rule of law? The decision of an Ontario Supreme Court jury to acquitt Dr. Henry Morgen- taler and two colleques of conspiracy to procure a. miscarriage left me un- satisfied. Lt raised in my mind a very serious question: "What ever happened to the rule of law? " Throughout his trial, Morgentaler practically confessed his guilt at every turn. To justify the commission of a crime he denounced the law and claimed it was necessary for him to do so. After the jury handed down its decision, he was heard to mutter such as "a victory for the women of Canada, for the system of democracy, for reason live long the jury system...in spite of all the judges. Frankly, I don't see Morgentaler's acquittal as a victory at all. It is a defeat for the rule of law - a setback for the system of government that Canadians have Worked for over 117 years to build. For me, the issue at his trial was not the desirability, morality or necessity of abortion. The only issue that should have been before the jury was: "did he or did he not break the law?" It is obvious that hé did. And for that, the verdict should have been "guilty as charged. In fact, the entire issue of abortion is not one for the courts to decide on. It is an issue that belongs solely to the Parliament of Canada. The elected represen- tatives of the people of this nation should be dealing with not a judge whose mandate to give fair trial to an accused person and-should he or she be found quilty, to enforce the law. -IfJ|Morgentaler believes that the law on abortion is wrong, then let him stand for Parliament and should he be elected let him persuade Parliamént that the law is wrong and should be changed. But to set himself up as a potential martyr at the hands of our system of justice is disgraceful beyond belief. After all, many of us have gripes about the fairness of the Income Tax Act, but we still pay our taxes. But every time there's an election, we tend to vote for those can- didates who will fight for tax reform and reduce the financial burdens a gover- nment has saddled us with. Now, before anyone starts a movement to have me hanged in the public square or burned at the stake for promoting outdated notions, let me state for the record that I, too, desire a change in the law. It is obvious that the abortion is contrary to the national will and does not meet the needs of a changing society. It is too rigid and does recognize that human beings have the right to make choices and decisions for themselves. . While I personally oppose the concept of abortion and demand (or because "it is my right") as the act of lazy, selfish, foolish and irresponsible persons I do not believe it is just to deny these persons the abortion. I can not inflict a child with a parent who doesn't want it for whatever reason. That is unjusf.For those who claim abortion is their right because they have control over their body I have nothing but scorn. However, there are times and there are cases when abortion may be necessary. Perhaps the mother wouldn't survive pregnancy, or she conceived as the result of rape or incest or she is too young or too old or the child would suf- fer from some dreadful physical or mental handicap. There are no absolutes here. This is an issue that must be faced with com- passion and caring realizing that above all else each human being has the right to live a full, useful and happy life. But to deny a mother an abortion under the circumstances I have outlined above would also be unjust. Morgentaler's acquittal also annoys me for another reason. This is not the fir- st, but the fourth time a jury has found him not guilty of breaking the abortion law and yet the Parliament of Canada has not moved to deal with the issue. Each jury of 12 good men (and women) good and true have told Parliament that the law stinks. Andyet, it has not been changed. The politicians, and evidence was seen of this during the last election cam- paign, are afraid of both the pro-choice movement and the dogmatic right wing Christian fundamentalists and Catholics who make up the bulk of the anti-abor- tion lobby. Both of these groups are highly vocal and annoying and, for my money, totally devoid of reason as well. They don't want to deal with the issue for fear of annoying one, both or either of these groups. It is time to put aside their fear. It is time to act responsibly and in accordan- ce with the national will. They should not be forcing the courts to do their dirty work. The courts should not be dealing with what are essentially political issues, and here I mean political in its true meaning, having to do with policy, not politics. Let us hear the voice of sweet reason coupled with a desire to treat all people with compassion and caring for surely that is the mark of a civil and mature society. And in the voice of sweet reason it might be prudent to exclude from the national discussion both the pro-choicers and the right-to-lifers and let those who side with neither try to arrive at a law that is good and just and fair to all members of our society. Making a hero of Morgentaler is not the answer. Allowing him to break the law without punishmnent isn't good enough. Permitting the courts to do the work of Parliament is disgraceful-. The issue itself must be dealt with. We must at least try to reach a national coigcensus. After ail, a life is a foolish thing to waste. SOL WAY Innocence. A small boy kicking a along the sidewalk. Dribbling his wa Another boy putting the toe of his snea the fine skin of ice on a puddle. Innoce But only a boy tapping it, like a cat, th it. Curiosity. Let the Russians send MII Nicaragua or let the Americans ma saying the Russians aire sending MIGS. a skin of ice on a puddle, and a boy. Soon enough the boy will learn to be enough he will not want to be seen ma frozen puddle. Soon enough he will be ja puddle will be the same as another, an will follow another. And it will be morei grow up and face the real world. There is still innocence, and th curiosity, and there is, most of all, still awe at a simple puddle frozen--the first die of the season. Do you, being as old as with the passage of the years and ja passing of the seasons, still remember t the first crisp aroma of frost came,i warm rain on budding trees. That little boy who walked along John by could have been anywhere. The big ci te town. Thanks that he was walkin plasticized into those big yellow creatur the fun out of going to school. The point? I thought you'd never ask. that unless we take the time to look at thi trundle off to the factory every day, we'l Did I say "factory?" I meant school. Is ference? Alright - the point of ail this poetry: "T Education," as seen by parents, bys nosed teachers, and by politicians runn from a Scared Society, is hre and it i crisis is about what education really is ai The Ontario government has donea about-fade on their earlier resolve Dennis) to make education less struct creative, more relevant to the needs of t both the practical needs and the needs of the human spirit. It failed. It failed because there were teachers who wanted it to fail. It failed because there were schools too interested in style and fun- etion and not in substance and meaning. It failed because parents, too many of us, perceived that school was becoming part of a "permissive" society a soccer bal and that we were all going to hell in a lunchbucket. y to schoo. Added to that was the carping from critics that we kers throug were turning out undisciplined functionally hce. Cat ice. illiterate, unmotivated students with little or no ien breaking sense of the work ethic. G fighters to Learning comes to those who want it. LIt comes ke ieadsines from those who want to share it and give it. It starts There is stili with the innocent who arrives believing it is a place "o.o to learn and to enjoy learning. Sometimes it works rcool". Soon out. But some times, and more than sometimes, the rvelling at a innocence disappears under a barrage of rules and ded, and one regulations, discipline and structured "core" id one winter studies. Disappears when teachers say parents important to have abdicated their responsibilities; when those teachers (as good teachers always have) should ad- ere iS stil dress themselves to the "whole" child, from his wonder and questioning spirit to his clean fingernails to his frozen pud- learning to read and learning to like to read. sI ar, worn I don't know if there is hope. As long as we are ded by the surrounded by parents who demand a mindless he day wen return to what they cail "basics"; as long as or the first education is to "train" industrial and commercial SSt. in Whit- cannon fodder and as long as we have teachers like it. or thelit- ...you want to hear a story? Never mind-I'lI tell it ity or the lit- anyway. g, and not In May, we (at the Marigold) mounted a stunning .es that take performance of a very funny, very thoughtful, very provoking play called "Mass Appeal." A group of The point is teachers came. When it was time to leave the dining lese kids we room to go upstairs to the theatre, one table stayed I miss it ail. seated, beer glasses hoisted, laughter abounding. I there a dif- asked "Aren't you going up to see the play?" An- swer: "I'rm not into plays." And she went back to 'ho Crisis in ber friends. nome bard- Fair enough. A matter of choice. Almost all of iig scared them went. But four did not-led by someone who s now. The might just be the teacher that little boy breaking the i about. ice on the puddle will have to face. Or maybe one ( complete your own child will face. (see Hall- Maybe she's right to choose as she did. Maybe she ured, more shouldn't be a teacher. It probably still hasn't oc- lie st den,, b~~t~er t9 pdq,,;, __;m the mind of man." - Thomas Jefferson a a ampm