Gavin Howe
Abortion has been legal in Canada since 1969, when the Criminal Law Amendment Act was passed. However, there is no federal legislation governing abortion, and abortion access varies across the country. In Québec, Canada, abortion is a legal and regulated medical procedure, and midwives can prescribe the abortion pill, Mifegymiso, in addition to physicians and nurse practitioners.
| Characteristics | Values |
|---|---|
| Abortion law in Québec, Canada | Abortion is legal in Québec, Canada. |
| History | Abortion was banned in 1869 and remained illegal for 100 years. In 1969, the Criminal Law Amendment Act legalised therapeutic abortions under specific conditions. In 1988, the Supreme Court of Canada ruled that the existing law was unconstitutional, and it was struck down. |
| Types of abortion | Medical abortion (abortion pill, Mifegymiso) and surgical abortion. |
| Authorised prescribers | Physicians, nurse practitioners, and midwives (in Québec only). |
| Age requirement | Anyone over 12 years of age can legally have an abortion without parental or partner permission. |
| Coverage | All provincial health insurance plans cover the cost of abortion pills. |
| Availability | Abortion is one of the most common medical procedures in Canada, with the majority occurring in the first 12 weeks of pregnancy. |
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What You'll Learn
- Abortion in Québec, Canada is legal and accessible via medication or surgery
- Québec's midwives can prescribe abortion pills, unlike other provinces
- Abortion was illegal in Canada for 100 years before being legalised in 1969
- Canada's Supreme Court ruled abortion restrictions unconstitutional in 1988
- Abortion is treated as a healthcare service, covered by provincial health insurance
Abortion in Québec, Canada is legal and accessible via medication or surgery
Abortion has been legal in Canada since 1969, when the Criminal Law Amendment Act was passed. At that time, abortions could only be performed in hospitals if a committee of three doctors determined that the pregnancy posed a danger to the pregnant person's health. In 1988, the Supreme Court of Canada ruled that the Criminal Code provisions restricting abortion were unconstitutional, and struck down the law. Since then, abortion has been treated as a healthcare service in Canada, and it falls under provincial health-care systems. Abortion is one of the most commonly performed medical procedures in the country.
In Canada, there are two types of abortion: medical and surgical. Medical abortion, commonly referred to as the "abortion pill", involves taking prescription medication to stop a pregnancy from developing and to make the uterus cramp and expel the pregnancy tissue. The medication package is called Mifegymiso and includes Mifepristone and Misoprostol pills. In most provinces and territories, only physicians and nurse practitioners are authorized to prescribe Mifegymiso, but in Québec, midwives can also prescribe it. An ultrasound is typically not necessary to get a prescription. With a prescription, a pharmacist can dispense the medication, and some clinics can dispense it directly to patients.
Surgical abortion, on the other hand, involves a clinician removing the pregnancy tissue from the uterus. All surgical abortions in Canada are performed by a physician. Medical and surgical abortions are free to all patients in Canada, and all provincial health insurance plans cover the cost of abortion pills. No matter which province or territory a person is in, they are eligible for counselling, assessments, and follow-up at no cost.
The process of accessing abortion services in Québec, Canada, is similar to that of other provinces. Individuals can book an abortion appointment directly without needing a doctor's referral. They can then discuss with a qualified healthcare provider which type of abortion is most suitable for them. Abortion is a regulated medical procedure in Canada, and everyone has the right to make decisions about their own bodies. No one should be forced to carry an unwanted or unsafe pregnancy.
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Québec's midwives can prescribe abortion pills, unlike other provinces
Abortion in Canada was formally banned in 1869 and remained illegal for the next 100 years. In 1969, the Criminal Law Amendment Act legalised therapeutic abortions, provided a committee of doctors certified that continuing the pregnancy would likely endanger the woman's life or health. Abortion has been legal in Canada since 1988, when the Supreme Court of Canada ruled that the Criminal Code provisions restricting abortion were unconstitutional. Abortion is now treated as a healthcare service in Canada, and provinces and territories have different guidelines related to abortions.
In Canada, there are two types of abortion: medical and surgical. Medical abortion, commonly known as the 'abortion pill', involves taking two medications—mifepristone and misoprostol—that work together to terminate a pregnancy. The medication package is called Mifegymiso. While only physicians and nurse practitioners are authorised to prescribe Mifegymiso in most provinces and territories, Québec is an exception. In Québec, midwives are also authorised to prescribe abortion pills, making it the only province in Canada where midwives can do so.
The ability of midwives to prescribe abortion pills in Québec is significant because it expands access to abortion services. It offers women seeking an abortion an additional option and helps to ensure that they can obtain the care they need. This is particularly important in light of the varying guidelines and restrictions regarding abortion across Canada's provinces and territories.
While abortion is legal in Canada, there may still be challenges in accessing abortion services, including the availability of providers and potential travel requirements. Additionally, there are different limits for how far into a pregnancy abortions are offered, with most abortions occurring within the first 12 weeks. Late-term abortions are rare and usually occur due to serious medical issues.
The abortion pill is a safe and effective method of terminating a pregnancy, with success rates ranging from 91% to 98% for pregnancies up to 10 weeks. It offers a more natural and less invasive approach compared to surgical abortion, and individuals can choose where and with whom they want to be during the process. However, it is important to consult with a qualified healthcare provider to determine the most suitable option for each individual case.
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Abortion was illegal in Canada for 100 years before being legalised in 1969
Abortion was formally banned in Canada in 1869, two years after the country's formation. This prohibition was continued in the Criminal Code until 1969, when the Criminal Law Amendment Act legalised therapeutic abortions under certain conditions. Thus, abortion was illegal in Canada for about 100 years before being legalised.
During the eighteenth and early nineteenth centuries, abortion before "quickening" (15-20 weeks) was legal in the British North American colonies. However, as the century progressed, the United Kingdom began passing laws that restricted abortion rights. The Malicious Shooting or Stabbing Act of 1803, for instance, made performing or attempting to perform a post-quickening abortion a capital offence. This was followed by the Offences Against the Person Act of 1837, which removed the death penalty but made the procurement of any miscarriage unlawful. The British North American provinces followed suit, and by 1869, abortion was prohibited in Canada.
Under the 1969 Criminal Law Amendment Act, abortions could be performed in hospitals with the approval of a three-doctor therapeutic abortion committee. This committee had to certify that the continuation of the pregnancy would likely endanger the pregnant woman's life or health. The term ""health" was left undefined, allowing therapeutic abortion committees to interpret it broadly. Despite the legalisation of therapeutic abortions, the 1968-69 bill maintained the basic prohibition on abortions, with a potential life sentence for those who procured a miscarriage for a woman.
The movement to liberalise Canada's abortion laws gained momentum in the 1960s, driven by concerns over unsafe and illegal abortions. Former Chief Coroner of Ontario, Morton Shulman, played a pivotal role in this movement. Shulman brought attention to the high mortality and infection rates associated with illegal abortions, often performed by unqualified individuals. In 1964, 34-year-old Lottie Leanne Clarke, a mother of three, died of a massive infection after an illegal abortion, despite receiving medical treatment. This case became a turning point, with the jury recommending revisions to the laws on therapeutic abortion. As a result, the Minister of Justice, Guy Favreau, agreed to consider amending the Criminal Code, and in 1967, Justice Minister Pierre Trudeau introduced a bill that included an amendment to the provision prohibiting abortions.
In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing abortion law was unconstitutional, striking down the 1969 Act. The Court found 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 as a healthcare service in Canada, with each province and territory having its own guidelines. Abortion is now a legal and regulated medical procedure, and individuals have the right to make decisions about their own bodies without being forced to carry an unwanted or unsafe pregnancy.
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Canada's Supreme Court ruled abortion restrictions unconstitutional in 1988
Abortion was formally banned in Canada in 1869 and remained illegal for the next 100 years. During the eighteenth and early nineteenth centuries, abortion before "quickening" (15-20 weeks) was legal in the British North American colonies. However, as time went on, the United Kingdom began passing laws that restricted abortion rights, and the British North American provinces followed suit.
In the 1960s, a movement to liberalize abortion laws in Canada began. At that time, abortion was only legal if it was performed to save the life of the woman, so there were practically no legal abortions. Women who could not afford to pay a physician for an abortion were left to perform one on themselves or turn to dangerous "nurse" abortionists. The mortality rate was high, and the infection rate was over 50%. In 1964, 34-year-old Lottie Leanne Clarke, a mother of three, died of a massive infection after an illegal abortion, despite receiving medical treatment and antibiotics. The jury at the inquest into her death recommended that the laws about therapeutic abortion be revised.
In 1967, Justice Minister Pierre Trudeau introduced a bill that included an amendment to the provision of the Criminal Code that prohibited abortions. The bill, known as the Criminal Law Amendment Act, 1968-69, continued the basic prohibition on abortions but made an exception for abortions performed in a hospital with the approval of that hospital's three-doctor therapeutic abortion committee. The committee would have to certify that the pregnancy would likely endanger the life or health of the pregnant woman. This same bill also legalized homosexuality and contraception.
In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing abortion law was unconstitutional and struck it down. The ruling found that the abortion law violated a woman's right to "life, liberty and security of the person" guaranteed under Section 7 of the Canadian Charter of Rights and Freedoms. Since this ruling, there have been no criminal laws regulating abortion in Canada, and abortion has been treated as a healthcare service. Two attempts to pass a new abortion law following the ruling failed, leaving Canada without criminal legislation governing abortion.
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Abortion is treated as a healthcare service, covered by provincial health insurance
Abortion has been legal in Canada since 1969, when the Criminal Law Amendment Act was passed. At that time, abortions could only be performed in hospitals if a committee of three doctors determined that the pregnancy posed a danger to the pregnant person's health. In 1988, the Supreme Court of Canada ruled that the Criminal Code provisions restricting abortion were unconstitutional and struck them down. Since then, abortion has been treated as a healthcare service in Canada.
Abortion is fully legal in Canada, and it is considered a healthcare service covered by provincial health insurance. This means that all residents of Québec, Canada, have the right to access abortion services, and the procedure is covered by their provincial health insurance plan. There are two main types of abortion: medical and surgical. Medical abortion involves taking prescription medication, commonly referred to as the "abortion pill," which includes Mifepristone and Misoprostol pills. In Canada, this medication package is called Mifegymiso and can be prescribed by physicians and nurse practitioners. Surgical abortion, on the other hand, involves a clinician removing the pregnancy tissue from the uterus.
In Québec, as in the rest of Canada, abortion is accessible and covered by provincial health insurance. This means that residents of Québec can access abortion services without worrying about financial barriers. The specific process for accessing abortion services may vary, but individuals do not need a doctor's referral to book an abortion appointment. They can contact a healthcare provider or their local telehealth service to find the right resources and support. Additionally, individuals from outside of Québec but within Canada can still access the abortion pill from a local provider in Québec, and all provincial health insurance plans cover the cost of abortion pills.
The abortion laws in Canada, including Québec, are based on the concept of bodily autonomy, where everyone has the right to make decisions about their own bodies. This means that no one should be forced to continue an unwanted or unsafe pregnancy. While there are no specific abortion right laws in Canada, the Supreme Court's decision to strike down restrictions on abortion left a legal vacuum, and access to abortion varies across the country. However, in Québec, as in other provinces, abortion is treated as a healthcare service, and individuals can access the necessary support and resources.
While abortion is legal and accessible in Québec, Canada, it is important to recognize that there may still be emotional and financial implications. Support services are available to provide assistance and coping strategies for individuals who have had or are planning to have an abortion. These services can offer financial and logistical support, as well as emotional support to help individuals navigate their feelings, which can vary from relief to grief.
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Frequently asked questions
Yes, abortion is legal in Québec, Canada.
Abortion became legal in Canada in 1969 through the Criminal Law Amendment Act. This allowed abortions to take place in hospitals if a committee of three doctors determined that the pregnancy posed a danger to the pregnant person's health.
There are two types of abortion available in Canada: medical and surgical. Medical abortion, commonly referred to as the abortion pill, involves taking prescription medication to terminate the pregnancy. Surgical abortion, on the other hand, is a procedural method where a clinician removes the pregnancy tissue from the uterus.
In Québec, physicians, nurse practitioners, and midwives are authorised to prescribe medical abortion.
No, abortion services are provided free of charge in Canada. All provincial health insurance plans cover the cost of abortion pills. However, if you are travelling outside your home province or territory, you may need to pay upfront and then get reimbursed.
