FACT BRIEF

Are there any criminal laws against abortion in Canada?

Tuesday, June 28, 2022

By Austin Tannenbaum

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In 1988, Canada's legal requirement for women to get approval before receiving an abortion was ruled unconstitutional by Canada's Supreme Court, which stated that the provision increased health risks to women, depriving them of their constitutional right to "security of the person."

Since then, no abortion legislation — either restricting or codifying the medical procedure—has been passed in Canada.

While there are no Canadian laws criminalizing abortion, no providers in Canada will perform an abortion more than 23 weeks and six days into a pregnancy, according to Action Canada for Sexual Health and Rights.

Dozens of countries permit abortion on request, although all have gestational limits, even if, in rare cases, they're not codified in federal law.

This fact brief is responsive to conversations such as this one.

Sources

Cornell R. v. Morgentaler

CBC/Radio-Canada Canada has no abortion right law. Does it need one?

Action Canada for Sexual Health and Rights Access at a Glance: Abortion Services in Canada

Center for Reproductive Rights The World's Abortion Laws

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