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What is the legal status of miscarriage in Canada and do you need a law? Experts participate

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The Canadian Press

Canadian Press

Marie-Daniel Smith

Minister of Foreign Affairs Melanie Joly at a media availability  in Los Angeles, California, on Wednesday, June 8, 2022. After the U.S. Supreme Court struck its 1973 Roe v. Wade decision Friday, Liberal politicians north of the border were were quick to suggest that Canadians shouldn't take their freedoms for granted.THE CANADIAN PRESS/Sean Kilpatrick
Foreign Minister Melanie Jolly, Media Availability  Wednesday, June 8, 2022, in Los Angeles, CA. The US Supreme Court 1973 Roe v. After passing Wade on Friday, free politicians north of the border immediately suggested that Canadians should not take freedom for granted. .THE CANADIAN PRESS / Sean Kilpatrick Photo by Sean Kilpatrick /Canadian Press

OTTAWA — US Post-Supreme Court Is Roev in 1973 on Friday. Withdrew Wade's decision — a ruling that for decades guaranteed the rights of women to undergo abortion across the United States — free politicians north of the border immediately realized that Canadians shouldn't. Suggested take their freedom for granted.

"No country in the world, including Canada, is affected by what is happening in the United States," Foreign Minister Melanie Jolyy warned other ministers and lawmakers as well. I said that I had issued. ..

Prime Minister Justin Trudeau has repeatedly promised that every woman has the right to an abortion in Canada and will protect those rights on Friday.

But in countries where there is no legal framework to control abortion, what does that really mean and why it defends the right to abortion? Encourage them to avoid it.

Here's what you need to know:

What is the legal status of abortion in Canada?

In Canada, the Supreme Court said that the law criminalizing abortion is unconstitutional. Abortion has been legal since 1988, as determined by Morgentaler.

Since the reform of Pierre Tordeau under the Free Government of 1969, Section 251 of the Criminal Code has determined that the Commission has endangered the health or life of women. Although he narrowly admitted to having an abortion, his participation in other abortions still imposed penalties on health care providers and women themselves. In a decision of

5-2, the court upheld the acquittal of abortion advocate Henry Morgentaler and invalidated the existing law.

"Unless the threat of criminal sanctions meets certain criteria unrelated to one's priorities or aspirations, giving birth to a fetus is a serious interference to a woman's body. So it's a breach of security. That person's, "read the majority opinion by Judge Brian Dixon.

Today, abortion falls under the state health care system as a medical procedure. In other words, access to actions varies greatly from place to place.

Why didn't Congress pass the bill?

The Supreme Court's decision left a legal gap, so the ball was returned to parliamentary court to determine whether "reasonable restrictions" should be applied.

Under Brian Mulroney's majority of progressive conservative governments, the House of Commons passed a law in 1990, threatening doctors' lives or health otherwise.

However, the bill died in the Senate and the vote was rarely tied.

Since then, no government has tried to legislate this issue.

Is anyone talking about introducing an abortion bill today?

In Morgentaler's ruling, the Supreme Court did not explicitly state that access to abortion was a fundamental right — and other Canadian courts have not said so since then. ..

When a leaked copy of the decision to overturn the Roe v. Wade case was announced in May, reporters asked Trudeau if he would consider submitting a bill enshrining such rights.

He left the possibilities open, but said his government wanted to prevent future government or court decisions from rolling back rights.

"Maybe it may or may not be legislative, and it may be in the hands of the Canadian Medical Association, which has long guaranteed governance of these procedures," Trudeau said. Said at the time.

The only federal abortion bill introduced in recent years is by conservatives who outlaw certain types of abortion or criminalize the killing of an abortion fetus. It was a legislative act. Woman.

No such bill has been passed.

How about officially enshrining the right to abortion?

Experts and advocates have roundly criticized the idea of ​​creating independent laws of all kinds regarding abortion, stating that this could have unintended consequences. increase.

"There is no specific law on total hip arthroplasty or other medical procedures, so why do we need a law for abortion?" Julia Tetrault Provuncher, chairman of the National Steering Committee, said.

Even if the law simply enshrines abortion as a right, putting it in a book could open the door to subsequent more restrictive amendments to the government. Defenders are afraid.

"We have seen that the power of very small but loud anti-selective and conservative groups can have a significant impact, and we have seen which country is in the future. I don't know if this will happen, "said Jill Doctrov, Managing Director of the Canadian Abortion Federation.

As soon as the new law was passed, a proceeding was filed to test its constitutionality, and Daphne Gilbert, a law professor at the University of Ottawa, said that anti-abortion activists brought their proceedings to court.

Federal law could also spark a debate on separation of powers, giving the state bandwidth to discuss abortion regulations or restrictions in a larger way, Gilbert said.

"There are no good things, many bad things."

Is there an alternative to the law?

Proponents want Trudeau to keep his powder dry in terms of legislation, yet his government has access to abortion in Canada. I hope to be proactive in improving.

In 2021, the liberals promised $ 45 million over three years to improve sexual and reproductive health support, information and services.

Under the Canada Health Act, Ottawa has the authority to regain state health transfers if the state provides inadequate access to services.

The Trudeau government is already doing that on a small scale, withholding $ 140,000 from New Brunswick because it couldn't fund the abortion at the Fredericton Clinic, but Gilbert isn't enough. I said that.

"It's peanuts on the overall health budget. I think they can strengthen the carrot and stick of regulation."

This report by Canadian Press is 2022. First published on June 27, 2014.

— Use files from Adina Bresge in Toronto

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