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Abortion in Canada


Abortion in Canada is legal at all stages of pregnancy and is governed by the Canada Health Act. While some non-legal obstacles exist, Canada is one of only a few nations with no legal restrictions on abortion. Regulations and accessibility vary between provinces.

Prior to 1969 all abortion was illegal in Canada, the Criminal Law Amendment Act, 1968-69 introduced by Pierre Trudeau's Liberal government legalized abortion as long as a committee of doctors signed off that it was necessary for the physical or mental well-being of the mother. In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing laws were unconstitutional and struck down the 1969 law. The then governing Progressive Conservatives attempted, but failed, to pass a new abortion law, and since then Canada has had no criminal laws governing the subject, and abortion is a decision made by a woman with her doctor. Without legal delays, most abortions are done at an early stage.

In 2005, 97,254 abortions were reported in Canada; it is estimated that this number "represents approximately 90% of all abortions performed in Canada involving Canadian residents". This number has been decreasing since at least 1998.

Abortion was completely banned in Canada in 1869. As in other countries, illegal abortions were still performed, and some cases charged that this led to the deaths of women. An early example received much attention during the abortion trial of Emily Stowe (1879). Another such case, Azoulay v. The Queen, reached the Supreme Court in 1952. In both cases, the alleged abortion provider was ultimately acquitted of responsibility for the woman's death. Pro choice activists like Marilyn Wilson, former executive director of the Canadian Abortion Rights Action League claim, "Illegal abortions were common, but often of poor safety. Several hundred women per year died from botched abortions."


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