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Dorothea Palmer (Ferguson) (1908 – 1992), a former employee of the Parents' Information Bureau, was arrested and charged under section 207(c) of the
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
for advertising information on
family planning Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marita ...
and
birth control Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
by means of a
pamphlet A pamphlet is an unbound book (that is, without a hard cover or binding). Pamphlets may consist of a single sheet of paper that is printed on both sides and folded in half, in thirds, or in fourths, called a ''leaflet'' or it may consist of a ...
. Palmer was acquitted on March 17, 1937 when her actions were deemed to have been carried out in the interest of the public good or pro bono publico. Palmer is honoured for her role in advancing family planning in
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
.


Biography

Palmer was born in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
in 1908. Palmer immigrated to Canada in the mid-1920s from England, where she had trained in
Sheffield Sheffield is a city status in the United Kingdom, city in South Yorkshire, England, whose name derives from the River Sheaf which runs through it. The city serves as the administrative centre of the City of Sheffield. It is Historic counties o ...
as a social worker. She owned and operated a bookstore called the Egoist Book Shop, with her husband Gordon Ferguson at the corner of O'Connor and Laurier, in
Ottawa Ottawa (, ; Canadian French: ) is the capital city of Canada. It is located at the confluence of the Ottawa River and the Rideau River in the southern portion of the province of Ontario. Ottawa borders Gatineau, Quebec, and forms the core ...
,
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
. She also began working on behalf of the Parents' Information Bureau (PIB) in 1936. Funded by A. R. Kaufman, the wealthy owner of the
Kaufman Rubber Company Kaufman Footwear was a Kitchener, Ontario-based shoe company. It was known for its Sorel brand. History The Kaufman Rubber Company was founded by Jacob Kaufman and his son Alvin Ratz Kaufman in 1908, in Berlin, Ontario - what is now Kitchener, O ...
in Kitchener, Ontario, and prominent
eugenics Eugenics ( ; ) is a fringe set of beliefs and practices that aim to improve the genetic quality of a human population. Historically, eugenicists have attempted to alter human gene pools by excluding people and groups judged to be inferior or ...
supporter, the PIB distributed information about
family planning Family planning is the consideration of the number of children a person wishes to have, including the choice to have no children, and the age at which they wish to have them. Things that may play a role on family planning decisions include marita ...
and birth control. The organization employed roughly 50 people like Palmer in cities across Canada. Her participation in the PIB aligned with work she had previously undertaken in Britain where she came up with the slogan "If you can't change your tactics, at least use prophylactics," targeted at English soldiers going off to war.


Eastview Birth Control Trial

On September 14, 1936 at the age of 28, Palmer was arrested and charged under section 207(c) of the
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
, which stated that the selling or advertising of contraceptives was illegal. She was arrested for promoting contraception to women in the poor
Roman Catholic Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
Ottawa community of Eastview. At the time, 1,000 of the 4,000 people living in the area were on social assistance, many with large families. During questioning at the police station, Palmer expressed her belief that: "A woman should be the master of her own body. She should be the one to say if she wants to become a mother." Palmer had been working with the PIB for six months when she was arrested and had visited approximately 100 families based on doctor referrals. When visiting a home Palmer would explain various contraceptive methods, including demonstrations about how they worked. Those interested in gaining access to the material for their own use would sign a form and later be sent a birth control kit that consisted of
spermicides Spermicide is a contraceptive substance that destroys sperm, inserted vaginally prior to intercourse to prevent pregnancy. As a contraceptive, spermicide may be used alone. However, the pregnancy rate experienced by couples using only spermic ...
,
condoms A condom is a sheath-shaped barrier device used during sexual intercourse to reduce the probability of pregnancy or a sexually transmitted infection (STI). There are both male and female condoms. With proper use—and use at every act of inte ...
, and information about purchasing additional items like diaphragms. The trial resulting from her arrest attracted both Canada's most prominent advocates for birth control, representatives of the major churches, and other birth control opponents. Among them were Dr.
Brock Chisholm George Brock Chisholm (18 May 1896 – 4 February 1971) was a Canadian psychiatrist, medical practitioner, World War I veteran, and the first director-general of the World Health Organization (WHO). He was the 13th Canadian Surgeon General and t ...
, Mary Elizabeth Hawkins, founder of the Hamilton Birth Control Society, and Reverend Dr. C.E. Silcox of the
United Church A united church, also called a uniting church, is a church formed from the merger or other form of church union of two or more different Protestant Christian denominations. Historically, unions of Protestant churches were enforced by the state ...
. Kaufman welcomed the chance to test Canada's laws in court. He spent $25,000 mounting a defense for Palmer, a considerable sum at the time, in what would later be known as The Eastview Birth Control Trial which took place from 1936 to 1937. During the trial, Palmer was the subject of attacks and abuse by those who opposed her. In one incident, a man pulled her into an alley and attempted to rape her, telling her that he'd "show you what it's like without any birth control." Palmer managed to knee him in the groin and escape. A defense motion for dismissal of charges was filed and ruled by Magistrate Lester Clayton. On March 17, 1937, the court acquitted Palmer on the basis that her actions had passed the criminal code's ''pro bono publico'' clause: that her actions were done entirely in the interest of the public good with no excess in her actions beyond serving the public good. Drawing international attention, the landmark case gained Palmer the moniker "the
Marie Stopes Marie Charlotte Carmichael Stopes (15 October 1880 – 2 October 1958) was a British author, palaeobotanist and campaigner for eugenics and women's rights. She made significant contributions to plant palaeontology and coal classification, ...
of Canada" a nod to the woman who co-founded the first birth control clinic in Britain. Although contraception was not fully legalized in Canada until 1969, no other person was ever prosecuted for distributing information about birth control in the country. Palmer spoke publicly about the position she was placed in by men involved with the birth control movement and the trial expressing that she had done the "dirty work" on their behalf. In a 1978 interview, she explained: "Doctors weren't allowed to prescribe birth control themselves. If they found a damn fool woman to do it, well okay. That's the way of men, isn't it? If it's anything tough, find a good woman to do it."


Later life

Due to the public attention and criticism that accompanied the trial, Palmer spent the majority of her adult life out of the public eye. She relocated to another address and went by her maiden name, Palmer, rather than her married name, Ferguson, to shield her husband and their families who disapproved of the work she did with the PIB. The scrutiny was so serious that she relocated with her husband to Toronto for a period of time before returning to Ottawa and resuming their lives in a different part of the city. After her book store closed to make way for an office tower, Palmer worked as a florist. Together she and her husband had one daughter. Palmer was honoured along with A. R. Kaufman,
Elizabeth Bagshaw Elizabeth Catherine Bagshaw (October 19, 1881 – January 5, 1982) was one of Canada's first woman physicians. She was the medical director of the first birth control clinic in Canada, located in Hamilton, Ontario. Early life Bagshaw was ...
, Lise Fortier, George C. and Barbara Cadbury, by
Ortho Pharmaceutical Ortho Pharmaceutical was initially formed in the United States in 1931 as a subsidiary of Johnson & Johnson to market the first prescription spermicidal contraceptive jelly, ''Ortho-Gynol''. History In the 1940s, Ortho introduced the coil-s ...
Ltd. in 1973 for their roles in advancing family planning in Canada. In 1986 the trial was reenacted as part of the CBC radio series ''Scales of Justice''. The episode script was drafted by Frank Jones, using trial transcripts and related papers held by the University of Waterloo Library, and featured Canadian actress
Nicky Guadagni Nicky Guadagni (born August 1, 1952) is a Canadian actress who has worked on stage, radio, film and television. Life and career Originally from Montreal, Nicky Guadagni majored in drama at Dawson College and went on to train at the Royal Academ ...
as Palmer. Palmer died in Ottawa on November 5, 1992.


See also

*
Great Stork Derby The Great Stork Derby was a contest held from 1926 to 1936. Female residents of Toronto, Ontario, Canada, competed to produce the most babies in order to qualify for an unusual bequest in a will. Background The race was the product of a scheme ...
- 1926 – 1936


References


Further reading

*Beswick, Lorne. "'Birth Control or Red Regime': Toronto, Eugenics and the Eastview Birth Control Trial," MA Thesis: Queen's University, 2011. *Beswick, Lorne. "Reds in Beds: The Communist Party of Canada and the Politics of Reproduction, 1920-1970," Ph.D Thesis: Queen's University, 2017.


External links

* * {{DEFAULTSORT:Palmer, Dorothea Canadian birth control activists Canadian women's rights activists 1992 deaths 1908 births English emigrants to Canada