Cecily Zamora
Abortion laws vary widely across the world, with some countries imposing total bans and others offering publicly funded abortions. In the US, the Roe v. Wade decision in 1973 federally legalised abortion, but some states have since created very strict laws that limit a woman's ability to receive an abortion, particularly after 20 weeks. Canada has no legal framework governing abortion, and abortion is legal throughout pregnancy and publicly funded under the Canada Health Act. However, access to services and resources varies by region, and Canada does not have a law confirming or denying the legal rights of a baby who survives abortion.
| Characteristics | Values |
|---|---|
| Abortion law | Canada has no abortion law, unlike the US |
| Abortion restrictions | Canada has no criminal restrictions on abortion, unlike the US |
| Abortion access | Access to abortion services varies by region in Canada, but there are no laws restricting access |
| Abortion rights | Abortion is legal throughout pregnancy in Canada, while the US has varying laws and restrictions depending on the state |
| Maternal mortality rate | Canada has a very low maternal mortality rate from abortion, while the US has seen an increase in maternal mortality since implementing stricter abortion laws |
| Abortion methods | Canada does not have access to the "gold standard" medical abortion drug, mifepristone, unlike the US |
| Abortion rate | Canada's abortion rate is lower than that of the US |
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What You'll Learn
Abortion in Canada is legal and publicly funded
In Canada, abortion is a legal and regulated medical procedure to terminate a pregnancy. The majority of abortions happen in the first 12 weeks of pregnancy, and late-term abortions are rare, usually occurring due to serious medical complications. Abortion is subject to provincial healthcare regulatory rules and guidelines for physicians. No jurisdiction offers abortion on request at 24 weeks and beyond, although there are exceptions for certain medical complications.
Abortion services are provided on request for any reason and are confidential for all ages. They are funded by Medicare for those covered by provincial/territorial medical care plans, which always include Canadian citizens and permanent residents. For those not covered by a medical care plan, the federal government has committed to letting them obtain abortions in Canada without restriction, provided they can pay for travel costs and the procedure themselves.
Canada's abortion laws are in stark contrast to those in the United States, where abortion restrictions vary widely by state. The U.S. Supreme Court's recent reversal of Roe v. Wade, which had guaranteed a woman's right to abortion, has sparked concerns among Canadian politicians and abortion-rights advocates that Canadians should not take their freedoms for granted.
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Canada has no criminal restrictions on abortion
Abortion in Canada is legal throughout pregnancy and is publicly funded as a medical procedure. Canada has no criminal restrictions on abortion and is one of the few nations with no such restrictions. Abortion is subject to provincial healthcare regulatory rules and guidelines for physicians. Abortion was banned in Canada in 1869, two years after the country's formation, and this prohibition was continued in the Criminal Code until 1969. In 1969, the Criminal Law Amendment Act legalized therapeutic abortions as long as a committee of doctors certified that continuing the pregnancy would likely endanger the woman's life or health.
In 1988, the Supreme Court decided in R. v. Morgentaler that a law that criminalized abortion was unconstitutional. The court upheld an acquittal of abortion advocate Henry Morgentaler and struck down the existing law. Since then, Canada has had no abortion right law, and abortion has been treated like any other health service. This has allowed for the integration of abortion care into the healthcare system, facilitating early access and improving women's health.
The lack of legal restrictions on abortion in Canada has been a source of concern for the anti-abortion movement, which is represented by various organizations, including the Catholic Church, Prolife Alberta, and REAL Women of Canada. They have advocated for banning abortion after a certain number of weeks or criminalizing the killing of a fetus during an attack on a pregnant woman. However, experts and advocacy groups have criticized the idea of creating any stand-alone law on abortion, arguing that it could lead to unintended consequences and open the door to more restrictive amendments by subsequent governments.
While Canada has no criminal restrictions on abortion, access remains a major issue in some parts of the country, and not all women who want an abortion can obtain one. The Canadian government has taken some steps to address this issue, such as withholding funding from provinces that fail to provide adequate access to abortion services.
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Canada's abortion laws have been influenced by UK laws
The British North American provinces, which later became Canada, followed the UK's lead and began restricting abortion rights. Abortion was formally banned in Canada in 1869, two years after the country's formation, and remained illegal for the next 100 years. In 1969, the Criminal Law Amendment Act legalized therapeutic abortions under certain conditions, marking a shift in the legal landscape of abortion in Canada.
Canada has since taken a different path from the UK and other countries regarding abortion laws. In 1988, the Supreme Court of Canada struck down the Criminal Code provisions restricting abortion, declaring them unconstitutional. This decision led to abortion being treated as a healthcare service in Canada, with the federal Canada Health Act and provincial health-care systems providing public funding for the procedure.
Canada is now one of the few nations with no criminal restrictions on abortion, although some provincial regulations and guidelines for physicians exist. The issue of abortion remains divisive in Canada, with varying levels of access across the country. While there is no specific law confirming or denying the legal rights of a baby who survives an abortion, Canada's abortion laws are shaped by a combination of court rulings, such as Tremblay v Daigle, and provincial health policies.
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There are concerns about access to abortion services in Canada
Abortion in Canada is legal and publicly funded as a medical procedure under the Canada Health Act. However, there are concerns about access to abortion services in Canada. While abortion is legal, access to services and resources varies by region, and not all women who want an abortion can get one. In 2016, the United Nations (UN) Human Rights Office of the High Commissioner advised Canada to improve equitable access to abortion services.
Rural residents often have to travel long distances and wait a long time to access abortion services. A 2013 study found that 18.1% of women travelled more than 100 km to access abortion services. Women who had to travel were more likely to report that their abortion occurred later than they would have preferred. This indicates that geographical disparities are associated with abortions at later gestational ages.
There are also financial barriers to accessing abortion services in Canada. While all provincial health insurance plans cover the cost of abortion pills, in some cases, individuals may need to pay upfront and do paperwork to get reimbursed. Additionally, there may be costs associated with travel and accommodation that are not covered by insurance. The Government of Canada has recognized these barriers and has provided funding to organizations like Action Canada for Sexual Health and Rights to improve access to financial assistance for individuals seeking abortion care.
There are also concerns about access to abortion services for marginalized groups in Canada, including Indigenous and racialized people, members of 2SLGBTQI+ communities, and youth. Previous experiences of discrimination within the healthcare system make it more difficult for these groups to access abortion services. The Government of Canada has allocated funding to address these barriers, including projects specifically focused on Indigenous communities, 2SLGBTQI+ communities, racialized people, and youth.
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The US has a history of resistance to abortion rights
Abortion in Canada is legal throughout pregnancy and is publicly funded as a medical procedure. Canada is one of the few nations with no criminal restrictions on abortion. However, access to services and resources varies by region, and some restrictions exist. Canada's abortion laws have been subject to change over time, with abortion being banned in 1869 and remaining illegal for the next 100 years. In 1969, the Criminal Law Amendment Act legalized therapeutic abortions under certain conditions.
In contrast, the United States has a history of resistance to abortion rights. Abortion was a common practice in the US and was not always controversial. It was only banned in the mid-1800s, and even then, it was a regular part of life for women. The first "right-to-life" movement was led by physicians who were anxious about their professional status and sought to increase their stature while undermining their opponents. They claimed that women lacked the knowledge to determine when life began, tapping into concerns about women's increasing education, autonomy, and reproductive rights.
The modern anti-abortion political movement emerged in the midst of state abortion reform efforts. Small groups of Catholic doctors, nurses, lawyers, and housewives joined forces to oppose liberalization, with support from the National Council of Catholic Bishops. They focused their message on the fetus rather than the woman, using graphic pictures of aborted fetuses that became known as the "Bible of the pro-life movement."
In 1973, the US Supreme Court established the legal right to access abortion nationwide with its landmark decision in the Roe v. Wade case. However, abortion remained a divisive issue, and systemic racism played a role in restricting access for Black and Latino communities. The Hyde Amendment, for example, prevented federal Medicaid dollars from being used for abortions, disproportionately impacting communities of color.
In 2022, the Supreme Court overturned Roe v. Wade, sparking celebrations and concerns worldwide. The decision removed the guarantee of a woman's right to abortion across the United States, and the impact of this decision is still unfolding.
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Frequently asked questions
No, Canada does not have abortion laws similar to the US. Abortion in Canada is legal throughout pregnancy and is publicly funded as a medical procedure. Canada is one of the few nations with no criminal restrictions on abortion.
While abortion is legal in Canada, access to services and resources varies by region. There are some restrictions and abortion is subject to provincial healthcare regulatory rules and guidelines for physicians. No jurisdiction offers abortion on request at 24 weeks and beyond, although there are exceptions for certain medical complications.
Abortion was prohibited in Canada in 1869 and remained illegal for the next 100 years. In 1969, the Criminal Law Amendment Act legalized therapeutic abortions under certain conditions. In 1973, Dr. Henry Morgentaler stated publicly that he had performed 5,000 abortions without the permission of the three-doctor committees, sparking a nationwide movement to reform Canada's abortion laws.
Canada's lack of abortion restrictions has resulted in very low maternal mortality rates from abortion. In contrast, countries with total bans on abortion, such as some African countries, have the highest maternal mortality rates. Canada's approach also helps integrate abortion care into the healthcare system and facilitates early access for women.
Some advocates fear that creating a legal framework for abortion in Canada could open the door to more restrictive amendments by subsequent governments. They argue that anti-choice and conservative groups could gain legitimacy and a platform to bring their cases to the courtroom.
