Current Status

Canada's abortion law was struck down by the Supreme Court of Canada in 1988, when the court found that the law was not consistently applied across the country. Since that time there have been no legal restrictions on abortion. Abortion may be performed up until the birth of the child, using any means available.

The courts have stated that protection of the fetus is a legitimate legislative objective, and should be pursued; however, the unborn child's legal standing is still not clearly defined [4]. In two more recent Supreme Court cases dealing with the rights of the fetus, the court stated that it is up to Parliament to determine what protection should be given to the unborn child.

Click here for a recent legal history of abortion in Canada. Also of interest is the CBC’s “Abortion rights: A timeline of developments ”.

Protection of Healthcare workers’ rights

An important and related issue is the right of conscience for health care providers not to provide abortion services or make referrals . Currently, healthcare workers are not specifically protected from being required or coerced to participate in performing abortions. While provincial human rights codes include protection for workers from discrimination on the basis of religion, there are several cases of nurses and pharmacists across Canada being dismissed for their stand on sanctity-of-life issues.

In a victory in April 1999, eight nurses at Markham Stouffville Hospital in Ontario reached a settlement that includes a policy promising to respect their objections to providing abortions. After six years, the two sides reached a mediated settlement; the case was set to go before the Ontario Human Rights Commission.

Conscience protection for healthcare workers could be introduced either federally or provincially.

Demonstrations and Picketers

Picketing at abortion clinics and hospitals is restricted in some provinces. One pro-life woman has spent many years in prison for praying outside an abortion clinic in Ontario.

The most prominent legal battles over pro-life picketing and demonstrations have occurred in Ontario and British Columbia. British Columbia passed the Access to Abortion Services Act in 1995, which created a “bubble zone” outside clinics and doctors' offices and homes. Protestors are not permitted to engage in any form of protest or demonstration within the “bubble zones”. Alberta has similar restrictions, while other provinces have imposed restrictions on protesters on a case by case basis.

Government Funding for Abortions

Provinces determine whether and how much to fund abortions. As a result, access to abortion services varies widely from province to province and region to region. All provinces fund abortions in hospitals, while some (including Ontario, British Columbia and Alberta) also fund abortions in private clinics. Newfoundland, Ontario, British Columbia and Alberta fully cover the cost of abortions performed in clinics. Prince Edward Island, however, does not have abortion facilities, but pays for out-of-province abortions in cases considered medical emergencies.

Footnotes

[4] When are we protected under the law as human beings? According to Section 223 (1) of the Canadian Criminal Code, a child is considered a human being only when it “has completely proceeded, in a living state, from the body of its mother, whether or not (a) it has breathed, (b) it has independent circulation, or (c) the navel string is severed.” Consequently, “(2) A person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.”