A still from the award-winning Hepatitis B media campaign. She is now awaiting trial for manslaughter. Those charges stem from the horrific death of a young girl. She died only 10 days after her birth, and Lemay was there with her in those last days of January 2024. Lemay has spent the last 48 years helping people through unlicensed childbirth. His legal challenges and accusations have soiled his career, raising alarm bells over the safety of unregulated birth practices across Canada.
Lemay’s career has been anything but ordinary. In 1986, she was found guilty of criminal negligence causing death. This conviction came about after a baby was stillborn during the birth she assisted. Soon thereafter, the Supreme Court exonerated her. In her ruling, she further found that Canadian law does not consider a fetus to be a human. This legal precedent has protected her to keep doing her thing even as she’s come under intense and ongoing scrutiny from medical authorities.
Today’s manslaughter charges have started old discussions about unlicensed birth attendants. Critics say this failure to regulate is endangering mothers and infants. Lemay and her grassroots supporters have an unshakeable commitment to women’s rights. They know that women deserve more agency over how and where they give birth—even outside of traditional medical settings.
A Thorn in the Side of Medical Authorities
Far from her native Canada, over time, Gloria Lemay has become a polarizing figure in the healthcare industry. Her work has continually pushed the envelope on accepted medical practices, resulting in repeated showdowns with the Old Boys Club. In 2002, she was held in contempt for disobeying an order that barred her from practicing midwifery. Despite these legal challenges, Lemay has maintained her stance that women deserve the autonomy to decide how they wish to give birth.
Lemay’s passion for her work is on full display in her determination to not let anything keep her from attending a birth. She says all the time she’d like to retire. Countless women continue to call on her help for freebirths—unassisted childbirth. This demand has forced her to stay in the field longer than she planned.
“You can’t just post about the good side of free birth. What happens when it goes very wrong?” – Emma Cardinal
Her supporters say it’s her decades of experience and her commitment to protecting women’s choices that have made Lemay a sought-after resource. They argue that her decades of service have given thousands of women a safer alternative to giving birth the old-fashioned way. Critics caution against the dangers associated with unregulated birth practices, emphasizing the need for proper oversight to ensure the safety of mothers and infants.
The Divisive Nature of Freebirth
The idea of freebirth—an increasingly divisive practice wherein women opt to have babies outside the medical auspices—has seen a resurgence. Yolande Norris-Clark, trained as a doula by Lemay, is a passionate proponent of freebirth. She asserts that, in the right circumstances, freebirth can be safe and empowering. Norris-Clark describes freebirth as “the most ethical kind of business you can run,” suggesting that it prioritizes women’s autonomy and personal choice.
This rosy picture is challenged by a chorus of critics who point to the considerable dangers at play. Like all critics, Emma Cardinal recognizes their beliefs in freebirthing, but insists on their criticism on understanding its limits. Cardinal’s feelings are, unfortunately, echoed by a significant portion of the community, making it all the more dangerous for licensed and unlicensed birth practitioners alike.
“I know it in my bones that freebirthing is my safest and most liberated option.” – Emma Cardinal
The opposing perspectives are indicative of the larger discourse on unlicensed birth attendants in Canada. Others argue for more autonomy in birthing decisions. The absence of regulation doesn’t guarantee safety. In fact, it can result in tragic consequences.
Legal Challenges and Future Implications
Although Gloria Lemay’s legal troubles have received a great deal of attention, unregulated birth practices are not uncommon in Canada. With the upcoming manslaughter trial comes the issues of accountability and safety in unregulated birthing settings. Legal precedents set by Lemay’s previous convictions will affect future cases of unlicensed attendants.
During her confirmation process in 2019, Lemay was deeply scrutinized. This was shortly after a baby boy died just three days after his birth at one of her deliveries. After that violation, she was slapped with a $1,000 fine. This penalty was supposed to be for her refusal to provide testimony at the inquest into the circumstances of his death. Such events have sparked years of complex and heated conversations about what to do with the birth practices that operate outside of regulation.
“Some of these allegations are false or defamatory.” – Emilee Saldaya
Conversations around Lemay’s case are just getting started. Her tenure so far has earned commendations from people both left and right. Supporters battle fiercely for her right, as a midwife, to help women give birth safely. In contrast are the critics who advocate strong guardrails to protect at-risk populations.