Gavin Howe
Abortion is legal in Canada and is publicly funded as a medical procedure. There are no legal requirements such as parental consent or waiting periods that can prevent access. However, abortion services are not easily accessible for many people in Canada. There are disparities in access based on geographic region, financial means, race, and immigration status. Abortion laws and access vary by province and territory, with some provinces being more restrictive than others. Canada has a relatively low abortion rate compared to other countries, with approximately 74,000 abortions reported in 2020.
| Characteristics | Values |
|---|---|
| Abortion law in Canada | No law criminalizing or restricting abortion |
| Abortion as a medical procedure | Treated like other medical procedures and regulated through provincial/territorial and professional bodies |
| Abortion funding | Publicly funded as a medical procedure under the Canada Health Act and provincial health-care systems |
| Abortion consent | No need for consent from partners or parents; provinces and territories have guidelines for minor consent |
| Abortion access | Varies depending on geographic region, financial means, race, and immigration status |
| Abortion types | Medical and surgical |
| Abortion medication | Mifegymiso (Mifepristone and Misoprostol pills) |
| Abortion providers | Physicians and nurse practitioners authorized to prescribe Mifegymiso, except in Québec where midwives can also prescribe |
| Abortion age limit | Anyone over 12 years old can legally have an abortion |
| Abortion referral | No need for a doctor's referral |
| Abortion cost | Some clinics have funds to help pay for abortions |
| Abortion support | Crisis pregnancy centers, Action Canada, and National Abortion Federation (NAF) offer support and information |
| Abortion statistics | Approximately 74,000 abortions reported in 2020, with 1 in 3 women in Canada expected to have an abortion in their lifetime |
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What You'll Learn
Abortion in Canada is legal for all but inaccessible for many
Abortion in Canada is legal and regulated as a medical procedure. It is not specifically mentioned in the Canada Health Act but is included in the broad definition of "insured health services". While abortion is legal, many people experience barriers to access. These barriers can vary across different regions and communities, but often include the unavailability of services, financial means, and previous experiences of discrimination within the healthcare system.
Canada has no criminal abortion law, and abortion is treated like any other medical procedure, governed by provincial/territorial and medical regulations. Abortion has been decriminalized since 1988, and the Supreme Court ruled in 1989 that a father has no legal right to veto a woman's abortion decision. Abortion is publicly funded as a medical procedure, and the majority of abortions happen within the first 12 weeks of pregnancy.
There are two types of abortion: medical and surgical. Medical abortion uses prescription medication, commonly known as the 'abortion pill', which causes the uterus to expel the pregnancy tissue. Surgical abortion involves a clinician removing the pregnancy tissue from the uterus. The options available depend on how long a person has been pregnant (gestational age) and what is offered at the clinic or hospital they go to.
In Canada, anyone over 12 years of age can legally have an abortion without the need for consent from a partner or parent. However, provinces and territories have different guidelines for how minors can consent to medical treatment. While abortion is legal and accessible in most parts of Canada, some crisis pregnancy centres, often run by anti-abortion organizations, may discourage people from seeking abortions.
The Government of Canada has committed to improving access to abortion services and protecting reproductive rights. Over $38.9 million has been allocated to various projects, with additional funding of $36 million through Budget 2023. These projects aim to improve access to sexual and reproductive healthcare and address the unique needs of communities such as 2SLGBTQI+ individuals, Indigenous communities, racialized people, and youth.
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The history of abortion laws in Canada
During the colonial era as a British colony, the Malicious Shooting or Stabbing Act of 1803 made performing or attempting to perform a post-quickening abortion a capital offence. Abortion and contraception continued to be criminal offences in Canada until the late 1980s. The Criminal Code provision related to abortion became law in 1892, but prosecutions were rare. For instance, Dr. Emily Stowe, the first female physician in Canada, was charged and tried for prescribing an abortifacient. However, she was acquitted due to the prolonged interval between her prescription and the patient's death. Despite the law, abortions continued to be performed by physicians and non-physicians, with access depending on a patient's financial means and the willingness of physicians to provide the service.
In 1975, the Canadian government appointed a committee, known as the Badgley Committee, to review the abortion law. The committee, chaired by Dr. Robin Badgley, found significant inequities in the system, particularly regarding access to services and delays caused by the requirement for prior approval by a hospital committee. In 1976, Canada became bound by the United Nations' International Covenant on Civil and Political Rights, which states that individuals have the right to liberty and security.
The efforts of Dr. Henry Morgentaler, who openly defied the law by performing abortions without the permission of a therapeutic abortion committee, were pivotal in challenging the abortion law. In 1983, he opened abortion clinics in Ontario and Manitoba, resulting in criminal charges and a highly publicized trial. In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that any law restricting a woman's right to life, liberty, and security was unconstitutional, striking down Section 251 of the Criminal Code. This decision was based on the Canadian Charter of Rights and Freedoms, enacted in 1982, which states that any law contravening those rights is invalid.
As a result of the Supreme Court ruling, abortion in Canada is now treated like any other medical procedure, governed by provincial and medical regulations and publicly funded under the Canada Health Act. However, access to services can vary depending on geographic region, financial means, race, and immigration status. While Canada is one of the few countries without legal restrictions on abortion, the issue remains contentious, with ongoing debates and demonstrations by anti-abortion advocates.
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Types of abortions in Canada
Canada has no criminal law restricting abortion. Abortion is treated like any other medical procedure and is governed by provincial/territorial and medical regulations. Abortion is publicly funded as a medical procedure under the Canada Health Act and provincial health-care systems.
There are two main types of abortions in Canada:
- Medication abortion: This method uses a combination of medications, mifepristone and misoprostol, to end a pregnancy. Mifepristone stops the pregnancy from developing further, and 24 to 48 hours later, misoprostol is taken to cause cramping and bleeding, expelling the pregnancy tissue. Mifepristone is approved by Health Canada and is available under the brand name Mifegymiso®. Mifegymiso® is fully covered by provincial or territorial health insurance plans, Non-Insured Health Benefits, and the Interim Federal Health Plan. An ultrasound is often performed to confirm the stage of pregnancy and that it is inside the uterus.
- Procedural or in-clinic abortion: This involves a healthcare provider removing the pregnancy tissue. This method is also considered safe, with a low rate of complications, and does not impact future fertility.
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Abortion access in Canada
While abortion is legal in Canada, access to services and resources varies depending on geographic region, financial means, race, and immigration status. Some regions, like New Brunswick, have had stricter regulations, requiring abortions to be performed in hospital facilities. Additionally, the distribution of hospitals and doctors, the availability of Therapeutic Abortion Committees, and doctors' interpretations of health vary, impacting access.
To address these disparities, the government has allocated funding to improve access and remove barriers. The Sexual and Reproductive Health (SRH) Fund has committed over $38.9 million to various projects, including initiatives targeting 2SLGBTQI+ communities, Indigenous communities, racialized individuals, and youth. Action Canada for Sexual Health and Rights has also received funding to expand its Access Line and Sexual Health Information Hub, enhancing access to information and services for underserved populations.
In Canada, there are two primary types of abortion: medical and surgical. Medical abortion, commonly referred to as the abortion pill, involves taking medications (Mifegymiso, Mifepristone, and Misoprostol) to stop the pregnancy from developing and cause the uterus to cramp and expel the pregnancy tissue. Surgical abortion, on the other hand, involves a clinician removing the pregnancy tissue from the uterus. The availability of these options depends on the gestational age and the offerings of the clinic or hospital.
Abortion consent in Canada does not require partner or parental approval, and anyone over 12 years old can legally have an abortion. However, provinces and territories have different guidelines for how minors can consent to medical treatment. Additionally, abortion is publicly funded as a medical procedure, ensuring accessibility for those without health coverage.
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Abortion laws in Canada's provinces
Abortion has been legal in Canada since 1988, when the Supreme Court decided in R. v. Morgentaler that a law that criminalized abortion was unconstitutional. Canada currently has no law criminalizing or restricting abortion and it is treated like any other medical procedure. 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.
In 1969, the Liberal government permitted abortion under certain circumstances. Abortions were to be provided only in a hospital if a committee of doctors decided that continuing the pregnancy would likely endanger the woman's life or health. Interpretation of the 1969 law varied widely between doctors and hospitals, leading to uneven access. This led to a nationwide movement to reform Canada's abortion laws. In 1982, there were 66,319 legal abortions in Canada.
In 1989, the Supreme Court ruled that a father has no legal right to veto a woman's abortion decision. The federal government, led by Progressive Conservative Brian Mulroney, introduced Bill C-43, which would sentence doctors to two years in jail for providing abortions where a woman's health was not at risk. The bill was passed by the House of Commons but died in the Senate after a tie vote. No new bill has been introduced since.
In 1995, provincial and federal rulings forced Nova Scotia and New Brunswick to allow private abortion clinics. In 2014, New Brunswick released changes to Regulation 84-20, which removed the requirement that “an abortion must be performed by a specialist in the field of obstetrics and gynecology” and that “two medical practitioners certify in writing that the abortion is medically required”.
Some provinces and territories have telemedicine abortion programs, where patients can be screened and get a prescription by telephone or through virtual appointments. There are two types of abortion: medical and surgical. Medical abortion uses prescription medication, commonly called the 'abortion pill', which includes Mifepristone and Misoprostol pills. Only physicians and nurse practitioners are authorized by provinces and territories to prescribe Mifegymiso in Canada with the exception of Québec, where midwives can also prescribe it.
In BC, the Access to Abortion Services Act, SBC 1995, c. 35 came into force, creating ‘access zones’ by limiting demonstrations outside abortion clinics, doctor’s offices, and doctors’ homes. The Government of PEI has also announced a Women’s Wellness Centre, which will include both surgical and medical abortions. Newfoundland and Labrador’s Access to Abortion Services Act passed, requiring protesters to maintain a legally defined distance from abortion clinics.
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Frequently asked questions
Abortion is legal in Canada and is a regulated medical procedure. However, there are no specific laws that mention abortion, and provinces and territories have different guidelines for abortions.
No, you do not need consent from a partner or parent to get an abortion in Canada. Anyone over 12 years old can legally have an abortion without a doctor's referral.
There are two types of abortions available in Canada: medical and surgical. Medical abortions use prescription medication to terminate a pregnancy, while surgical abortions are internal procedures performed by a physician to remove pregnancy tissue from the uterus.
Abortion is publicly funded in Canada as a medical procedure. However, access to services and resources varies depending on geographic region, financial means, race, and immigration status. Those in rural areas, especially on reserves, have limited to no access to abortion services.
