Abortion Laws In Canada

BIRT: Canada does NOT need federal abortion legislation

For many years in Canada and many other countries abortion has been a topic of debate. In Canada, there has been no legislation regarding abortions since 1988 as the previous laws were said to violate women’s Charter rights under Section 7 which states that Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Due to this, the Supreme Court of Canada considered abortion legislation to be a violation of the Canadian Charter of Rights and Freedoms. Since then, no legislations regarding abortion has been changed. Joyce Arthur, executive director of the Abortion Rights Coalition

of Canada states, “We're the only democratic country in the world that has no abortion laws or restrictions against abortion and it's been 25 years since we've had no law...Going 25 years without a law, without having the sky fall in, is proof we don't need a law.” 4 years later and Canada’s sky is still here, as Arthur would say. In 1990, 2007 and 2008, there were attempts at abortion legislation yet none were successful, in spite of that Canada still has had no major issues with abortion, only debates and protests on both the anti-abortion and pro-abortion sides. According to Douglas Black, President of Society of Gynecologists and Obstetricians of Canada, before an abortion occurs, there is, “A discussion that takes place in doctors’ offices between the physician and the woman and they make their informed choice with the help of us in the privacy of our own office and then we carry out their wishes according to the rules of the law and according to our own ethical comfort zone.” Nothing illegal occurs, both the woman and physician are ok with situation and do their best to understand the situation and make sure no mistakes occur. There are no problems with the process.
However, before the law was there was much more unrest.

Even back in 1892 when Canada was much more conservative and Christian compared to today, there was many reports of women seeking abortions and upset due to the first Canadian Criminal Code that prohibits abortion and the sales, distribution and advertising of contraceptives. However this made sense due to Christian values. As Canada progressed and its culture changed, this law was considered outdated and was changed in 1969, contraceptives were allowed but abortions could only be performed under special circumstances. Many Canadians, particularly women and feminists disagreed with this law and believed it should be their own decision, not someone else and so many protests, petitions and illegal abortion clinics began, particularly by Dr. Henry Morgentaler. In the 1980’s most Canadians were pro-choice as a Gallup poll showed that 72% of Canadians believed that an abortion decision should only be decided by the pregnant woman and her doctor. By 1988, as previously mentioned, the law was abolished and all abortion restrictions removed. Now, there is talks of a law again yet Canadians have very mixed views on abortion whereas before 72% of Canadians wanted a change. The country must educate themselves more before a change is made to avoid the unrest it had before 1988. Many believe there should be restrictions to limit abortions in Canada yet compared to other democratic countries with abortion restrictions like Australia, France, Sweden, the United Kingdom, excluding Ireland, and the United States have higher abortion rates per 1000 women between 15-44 years old than Canada according to Maclean's. Canada has had much more issues when abortion laws than it has had without them. There isn’t a clear majority supporting a specific change like last time and the restrictions aren’t needed anyways as there are no problems. Canada does not need abortion

legislation.