Abortion Laws In Canada: Understanding The Current Landscape

Abortion has been legal in Canada since 1988, when the Supreme Court struck down the country's abortion law as unconstitutional. There is currently no law criminalising or restricting abortion in Canada, and it is treated like any other medical procedure. However, access to abortion services varies across the country, with some regions offering more limited access than others. Abortion is publicly funded as a medical procedure under the Canada Health Act and provincial health-care systems. While there are no criminal restrictions on abortion in Canada, some advocates have expressed concerns about the lack of a legal framework governing abortion and the potential for unintended consequences if a right to abortion were to be formally enshrined in law.

Canada's abortion law history

Canada's abortion laws have evolved over time, and the country now has no specific law regarding abortion. Here is a brief history of the key moments in the evolution of Canada's abortion laws:

1803: The Malicious Shooting or Stabbing Act is passed, making performing or attempting to perform a post-quickening abortion punishable by death.

1837: The Offences Against the Person Act removes the death penalty for abortion but makes the procurement of any miscarriage unlawful.

1869: Abortion is formally banned in Canada, with anyone who procures a miscarriage for a woman facing life imprisonment. This ban remains in place for the next 100 years.

1967: Justice Minister Pierre Trudeau introduces a bill to legalise homosexuality, contraception, and some abortions. He famously states, "The state has no business in the bedrooms of the nation."

1969: The Criminal Law Amendment Act legalises therapeutic abortions under specific conditions, such as if a committee of doctors certifies that continuing the pregnancy would likely endanger the woman's life or health.

1975: The Supreme Court of Canada dismisses Dr Henry Morgentaler's first constitutional challenge to the abortion law, which he brought under the division of powers and the Canadian Bill of Rights.

1982: Canada enacts the Charter of Rights and Freedoms, which allows for laws that contravene those rights to be struck down as unconstitutional.

1988: The Supreme Court of Canada strikes down the abortion law as unconstitutional in the R v Morgentaler case. The Court rules that the law violates a woman's right to "life, liberty, and security of the person" under Section 7 of the Charter. Canada becomes one of the few nations with no criminal restrictions on abortion.

1989: The Supreme Court rules in Tremblay v Daigle that a father has no legal right to veto a woman's abortion decision.

1990: The House of Commons passes a new law seeking to criminalise abortion once again, but it is defeated in the Senate in 1991 and never becomes law.

1995: Provincial and federal rulings force Nova Scotia and New Brunswick to allow private abortion clinics, but access to abortions outside hospitals remains inconsistent across the country.

Since the 1988 Supreme Court ruling, abortion has remained a divisive political issue in Canada, with varying levels of access and funding across the country.

Current abortion laws

Canada has no law criminalising or restricting abortion, and it has been legal in the country for over five decades. Abortion is publicly funded as a medical procedure under the Canada Health Act and provincial health-care systems. However, access to services and resources varies depending on geographic region, financial means, race, and immigration status.

Abortion was formally banned in Canada in 1869 and remained illegal for the next 100 years. In 1969, the Criminal Law Amendment Act legalised therapeutic abortions if a committee of doctors certified that continuing the pregnancy would likely endanger the woman's life or health. In 1988, the Supreme Court of Canada ruled in R v Morgentaler that the existing law was unconstitutional, violating a woman's right to "life, liberty and security of the person" under Section 7 of the Canadian Charter of Rights and Freedoms. This ruling struck down the 1969 Act, and since then, no other law has replaced it, keeping abortion legal throughout the country.

In Canada, all surgical abortions are performed by a physician, while nurse practitioners, pharmacists, and midwives can provide medications for non-invasive medical abortions within nine weeks (63 days) of gestation. Abortion is subject to provincial healthcare regulatory rules and guidelines for physicians, and no provinces offer abortion on request at 24 weeks and beyond, although exceptions are made for certain medical complications.

Abortion is a divisive political issue in Canada, with "pro-life" advocates condemning it and "pro-choice" advocates supporting a woman's right to choose. While there is currently no legal framework governing abortion in Canada, Prime Minister Justin Trudeau has promised to defend every woman's right to an abortion.

Abortion funding

Abortion is publicly funded as a medical procedure in Canada under the Canada Health Act. However, access to abortion services and resources varies depending on geographic region, financial means, race, and immigration status.

The National Abortion Federation (NAF) Canada promotes, enhances, and ensures access to quality abortion care. NAF Canada supports physicians, nurses, counsellors, and administrators in providing safe, high-quality abortion care. They also help improve abortion access by increasing the number of healthcare professionals educated and trained in abortion provision. Additionally, they provide assistance to patients facing financial barriers to abortion care through the Dr. Henry Morgentaler Patient Assistance Fund. This fund helps pregnant individuals in Canada whose abortion care is not covered by provincial or territorial health insurance or who incur travel expenses in accessing abortion care.

In May 2023, the Government of Canada announced more than $4.2 million in funding from the Sexual and Reproductive Health (SRH) Fund to support projects that improve access to abortion services and offer accurate reproductive health information. The University of British Columbia (UBC) – Contraception and Abortion Research Team (CART) received $3,833,486 in funding to address barriers to abortion access and information for underserved populations in Canada. Action Canada for Sexual Health and Rights received $428,236 in funding to expand its Access Line and Sexual Health Information Hub programs, increasing the accessibility of information and services for underserved populations.

Abortion is not specifically mentioned in the Canada Health Act but is included in the broad definition of "insured health services". While abortion is publicly funded, there are no laws in Canada that criminalize or restrict it. Instead, it is treated like any other medical procedure, regulated through provincial/territorial healthcare systems and professional bodies.

Abortion access

History of Abortion Access in Canada

Abortion was formally banned in Canada in 1869 and remained illegal for the next 100 years. In 1969, the Criminal Law Amendment Act allowed therapeutic abortions if a committee of doctors certified that continuing the pregnancy would likely endanger the woman's life or health. However, this law was struck down in 1988 when the Supreme Court of Canada ruled in R v Morgentaler that the law violated a woman's right to "life, liberty, and security of the person" under the Canadian Charter of Rights and Freedoms. Since then, abortion has been treated like any other medical procedure, governed by provincial/territorial health-care systems and medical regulations.

Current Abortion Access Landscape in Canada

Despite being legal, abortion access in Canada is not equal across the country. It falls under provincial health-care systems, and each province and territory regulate and fund their own healthcare system. This means that access to abortion services and resources varies depending on geographic region, financial means, race, and immigration status. Some provinces and territories have more limited access, especially in rural areas and smaller provinces. In some cases, women have had to travel to major cities or the United States to access abortion services. Additionally, no provinces offer abortion on request at 24 weeks and beyond, and there are no providers in Canada that offer care beyond 23 weeks and 6 days.

Efforts to Improve Abortion Access in Canada

The Government of Canada has recognised the need to improve abortion access and has committed funding to address barriers and improve access to vital abortion services. In 2021, the Liberals promised $45 million over three years to improve sexual and reproductive health support, information, and services. Additionally, the Safe Access to Abortion Services Act, which came into effect in Ontario, allows for safe access zones to be established around facilities that offer abortion services, providing protection for patients and providers.

Abortion law reform

Abortion has been legal in Canada since 1988, when the Supreme Court struck down the existing law as unconstitutional. However, there is currently no law in Canada that specifically governs abortion, and it is treated like any other medical procedure. While this lack of a legal framework provides women with the freedom to choose, it also means that access to abortion services is inconsistent across the country, and many people still face barriers in accessing abortion care.

The History of Abortion Law in Canada

Canada's abortion law was formally banned in 1869 and remained illegal for the next 100 years. In 1969, the Criminal Law Amendment Act allowed therapeutic abortions if a committee of doctors certified that the pregnancy would likely endanger the woman's life or health. However, this law still penalised health service providers and women who participated in abortions outside of these parameters.

The 1988 Supreme Court Decision

In 1988, the Supreme Court of Canada ruled in R v Morgentaler that the existing abortion law was unconstitutional and violated a woman's right to "life, liberty, and security of the person" under Section 7 of the Canadian Charter of Rights and Freedoms. As a result, abortion was decriminalised and no longer required medical justification.

The Impact of the 1988 Decision

Since the 1988 ruling, abortion has become a publicly funded medical service available in hospitals and private clinics. However, access to abortion services varies across the country, particularly in rural areas and Atlantic Canada. Some provincial governments have tried to restrict access by banning or refusing to fund private abortion clinics. Additionally, there are no providers in Canada that offer abortions beyond 23 weeks and 6 days, and no provinces offer abortions on request at 24 weeks and beyond.

Current Efforts to Improve Access

The Government of Canada has recognised the need to improve access to abortion services and has committed funding to address barriers and improve reproductive health information for Canadians. Additionally, organisations such as Action Canada for Sexual Health and Rights and the University of British Columbia's Contraception and Abortion Research Team are working to improve access by developing training resources and materials for healthcare professionals and patients.

The Debate Over Enshrining Abortion Rights

While there is currently no abortion right law in Canada, Prime Minister Justin Trudeau has repeatedly promised to defend every woman's right to an abortion. However, abortion-rights advocates caution against formally enshrining this right into law, as it could lead to unintended consequences and provide a platform for anti-abortion activists to bring forward court cases. Instead, they argue for improving access to abortion services within the existing legal framework.

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