Abortion trial of Emily Stowe
Encyclopedia
The abortion trial of Emily Stowe was a famous early Canadian
judicial decision on abortion in Canada
. The case involved Dr. Emily Stowe
, one of Canada's first female doctor
s. Stowe was acquitted, which was a rare outcome for abortion trials in the nineteenth century.
, an abortion at this stage would be seen by some as more legitimate.) Lovell could have been turned over to the authorities. However, an apparently conflicted Stowe wound up prescribing drugs (hellebore
, cantharides, and myrrh
) that while allegedly capable of aborting the fetus, were prescribed in such a small dose it might have been intended as a placebo
. Stowe herself claimed it was a mere placebo. In any event, drugs prescribed in May would not cause death in August.
While it is unlikely that Stowe was pro-choice
, this view of her was pushed by those who saw her as responsible for Lovell's death. The case soon achieved fame. A jury
for the coroner
wound up deciding Lovell was poison
ed by drugs meant for an abortion, but they blamed Lovell and/or unidentified people rather than Stowe.
County Court
. The coroner was called to testify, and he confessed he had lost all medical evidence. Another doctor was accused of being antagonistic to Stowe because she was a woman doctor, and of calling Stowe a "bitch."
Finally, the defence under Dalton McCarthy
argued that whatever drugs may have been prescribed, Stowe did not administer them nor cause them to be administered. While supplying such drugs was also a crime (with a lesser penalty), Stowe had not been charged with it. Moreover, it was possible that a person would disregard such a prescription. The judge agreed and wound up deciding the jury need not even decide the case, as there was no case against Stowe to make. The judge also questioned whether women should be doctors. However, the anti-woman sentiment among Stowe's opponents might have been so extreme and offensive that it helped Stowe's case.
In 1880, she was granted her medical license by the College of Physicians and Surgeons of Ontario
, making her the second licensed female physician in Canada after Jennie Kidd Trout
.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
judicial decision on abortion in Canada
Abortion in Canada
Abortion in Canada is not limited by the law . While some non-legal obstacles exist, Canada is one of only a few nations with no legal restrictions on abortion. Regulations and accessibility vary between provinces....
. The case involved Dr. Emily Stowe
Emily Stowe
Dr. Emily Howard Stowe was the first female doctor to practice in Canada, and an activist for women's rights and suffrage. Emily Stowe was born in Norwich Township, Oxford County, Ontario...
, one of Canada's first female doctor
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
s. Stowe was acquitted, which was a rare outcome for abortion trials in the nineteenth century.
Background
The case began after one Sarah Ann Lovell, an unmarried teenager, was found dead in August 1879. It was discovered after she had died that she had been pregnant. Furthermore, she had been a patient of Dr. Stowe in May. Dr. Stowe claimed she had first resisted performing an abortion, but Lovell seemed emotionally distressed and threatened suicide. (As this was before the quickeningQuickening
Quickening is the earliest perception of fetal movement by a mother during pregnancy Quickening may also refer to:* Quickening , Final Fantasy XIIs incarnation of "Limit Breaks"...
, an abortion at this stage would be seen by some as more legitimate.) Lovell could have been turned over to the authorities. However, an apparently conflicted Stowe wound up prescribing drugs (hellebore
Hellebore
Commonly known as hellebores, members of the genus Helleborus comprise approximately 20 species of herbaceous perennial flowering plants in the family Ranunculaceae, within which it gave its name to the tribe of Helleboreae...
, cantharides, and myrrh
Myrrh
Myrrh is the aromatic oleoresin of a number of small, thorny tree species of the genus Commiphora, which grow in dry, stony soil. An oleoresin is a natural blend of an essential oil and a resin. Myrrh resin is a natural gum....
) that while allegedly capable of aborting the fetus, were prescribed in such a small dose it might have been intended as a placebo
Placebo
A placebo is a simulated or otherwise medically ineffectual treatment for a disease or other medical condition intended to deceive the recipient...
. Stowe herself claimed it was a mere placebo. In any event, drugs prescribed in May would not cause death in August.
While it is unlikely that Stowe was pro-choice
Pro-choice
Support for the legalization of abortion is centered around the pro-choice movement, a sociopolitical movement supporting the ethical view that a woman should have the legal right to elective abortion, meaning the right to terminate her pregnancy....
, this view of her was pushed by those who saw her as responsible for Lovell's death. The case soon achieved fame. A jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
for the coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
wound up deciding Lovell was poison
Poison
In the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism....
ed by drugs meant for an abortion, but they blamed Lovell and/or unidentified people rather than Stowe.
Trial
Afterwards, the Crown indicted Stowe for having "administered and caused to be taken poisons with intent to procure a miscarriage" which had been outlawed since 1869. Stowe could have gone to prison for life for this. The intent was to discourage abortion in a widely publicized trial. Stowe pleaded not guilty in an OntarioOntario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
. The coroner was called to testify, and he confessed he had lost all medical evidence. Another doctor was accused of being antagonistic to Stowe because she was a woman doctor, and of calling Stowe a "bitch."
Finally, the defence under Dalton McCarthy
Dalton McCarthy
Dalton McCarthy , or D'Alton McCarthy, was a Canadian lawyer and parliamentarian. It was his firm, Boulton & McCarthy in Barrie, that was the first incarnation of what is now Canada's largest law firm, McCarthy Tétrault.McCarthy was first elected to the Canadian House of Commons in the 1878...
argued that whatever drugs may have been prescribed, Stowe did not administer them nor cause them to be administered. While supplying such drugs was also a crime (with a lesser penalty), Stowe had not been charged with it. Moreover, it was possible that a person would disregard such a prescription. The judge agreed and wound up deciding the jury need not even decide the case, as there was no case against Stowe to make. The judge also questioned whether women should be doctors. However, the anti-woman sentiment among Stowe's opponents might have been so extreme and offensive that it helped Stowe's case.
In 1880, she was granted her medical license by the College of Physicians and Surgeons of Ontario
College of Physicians and Surgeons of Ontario
The College of Physicians and Surgeons of Ontario is the governing body for medical doctors in Ontario, Canada.The college issues certificates of registration for all doctors to allow them to practise medicine as well as:...
, making her the second licensed female physician in Canada after Jennie Kidd Trout
Jennie Kidd Trout
Jennie Kidd Trout was the first woman in Canada legally to become a medical doctor, and was the only woman in Canada licensed to practice medicine until 1880, when Emily Stowe completed the official qualifications....
.
See also
- List of notable Canadian lower court cases
- Canadian Women's Suffrage AssociationCanadian Women's Suffrage AssociationThe Canadian Women's Suffrage Association was originally called the Toronto Women's Literary Guild as a screen for suffrage activities: in effect, its members worked undercover. The Guild, founded in 1877, was renamed in 1883 as the Toronto Women's Suffrage Association...