Article Author:
Canadian Press
THE CONVERSATION
This article was originally published in The Conversation, a source of independent, non-profit news, analysis and commentary from academic experts. rice field. Disclosure information is available on the original site.
-
Author: James Kelly, Professor of Political Science, Concordia University. Francesca Scala, Professor of Political Science at Concordia University, Stephanie Paterson, Professor of Political Science at Concordia University
A few days after the U.S. Supreme Court overturned the 1973 Law vs. Wade decision. The establishment of the right raises questions about the impact on Canada's abortion policy.
Can the Supreme Court of Canada make a strong right turn on abortion here and abolish it, contrary to the will of the majority of Canadians?
It is unlikely that you will follow the instructions of an American responder in the near future, for the following reasons:
One of the protections against abortion crimes in Canada is Canadian federalism. Criminal judicial policy is under the jurisdiction of the Parliament of Canada. In the United States, it is under the jurisdiction of individual states.
At this time, there is consensus that this issue has been resolved and there is no evidence to suggest that federal party leaders are interested in returning to the criminal trial approach. Abortion is considered a medical service in Canada and is regulated by state and quasi-state governments.
Previous attempts were thwarted
Even if abortion restrictions were proposed by the ruling party, 2 for such scenarios There are two checks. First, the Senate blocked previous attempts to condemn abortion under the Brian Mulroney administration.
Second, Canada's judicial system protects against the changes seen in the United States. Historically, courts have adopted the free interpretation of the Charter of Rights and Freedom on issues such as assisted suicide and same-sex marriage, which are medically supported. And a safe injection site.
In addition, regardless of the provisions of the Charter, it also serves to check for overshoots in the judiciary if the court turns right.
This allows Congress to protect the Constitution from conservative courts that may seek to limit or withdraw previously enshrined constitutional protection.
Access to abortion is a bigger issue
Therefore, at least in the short term, similar abortions are likely to occur. It remains low. Although there are restrictions in Canada, access to services remains an issue in Canada.
In this regard, regulating abortion as a health problem has both advantages and disadvantages. This procedure is within a clear regulatory framework that may protect you from restrictive policies. Still, there are no legal or legislative requirements left to provide abortion services.
This has resulted in uneven and unequal access across the country.
For example, the abortion service was not available in Prince Edward Island until 2017. Until 2015, some states did not fund out-of-state abortions. Currently, interstate abortions are restricted to those who can afford to travel.
A recent study by Action Canada, an advocate for sexual health and rights, reveals the extent to which access to abortion is restricted outside the city center. Did.
The same study found that Canada currently has no provider offering services for more than about 23 weeks gestation. Access to abortion is also affected by income, race, immigration status, gender identity, and gender.
Medical abortion, also known as an abortion pill, is prescription-based and may increase access. However, they are limited to the first 9 weeks of pregnancy and are not as widely available as surgical abortions.
False alarm tactics
Access to abortion is also restricted by information gaps and deliberate false alarm campaigns. For example, according to recent reports from researchers at the University of British Columbia, Dorothy Shaw and Wendy Norman, many people remain in the dark about abortion policies, including how to obtain them.
This is exacerbated by several factors. Medical services are not advertised. This means that many people seeking assisted reproductive technology are dependent on their healthcare provider.
However, a conscientious objection to military service policy that allows doctors to deny service based on their personal beliefs can jeopardize this relationship.
In this situation, people may seek information from the Crisis Pregnancy Center. Crisis pregnancy centers provide pregnancy counseling services and antenatal care, but often share false information aimed at limiting access to abortion. Action Canada surveys show that Canada has more crisis pregnancy centers than abortion providers.
Lack of law
The issue of abortion is still divided in both Canada and the United States. However, it is unlikely that Canada will experience a similar fate.
Different political and judicial systems provide Canada's potential protection against such changes here. But with no law, this issue is controversial.
Some unsuccessful private citizen bills are aimed at creating more restrictive legislation. In addition, courts are hesitant to secure the right to abortion and its status as a health problem, resulting in uneven access to abortion across the country.
This situation is exacerbated by information gaps and false information campaigns by increasingly savvy anti-abortion advocates. This means that there is still much work to be done to ensure Canadian reproductive justice.
-
The author has not worked, consulted, owned shares, or received funds for any company or organization that would benefit from this article. We do not disclose related partnerships other than academics. schedule.
-
This article has been republished by The Conversation under a Creative Commons license. Disclosure information is available on the original site. Read the original article:
https://theconversation.com/could-a-roe-v-wade-style-reversal-of-abo https://theconversation.com/could-a-
