Abortion is legal in Canada. However, the practice remains a controversial issue. To this day, it fuels many debates. On the one hand, there are the activists who wish to be the only masters of their own bodies. They fight mercilessly against the conservatives who are indignant about a practice that infringes on the right to life. In the face of this ongoing war, abortion services seem difficult to access, even in a country where the practice is legal. Women are often forced to seek legal counsel for their abortion rights. How do they arrive at this end?
The precursors of abortion rights
Abortion was a crime until the Marie Claire case. The event marked a turning point in history.
Gisèle Halimi, a lawyer who instigated the right to abortion
Gisèle Halimi was born on July 27, 1927 in Tunisia and died on July 28, 2020 in Paris. A French woman of Tunisian origin and a famous lawyer, she was also a Franco-Tunisian politician and a feminist activist.
The young Gisele Halimi signed the manifesto of the 343 sluts (a petition presented on April 5, 1971 asking for the legalization of abortion in France). In the document, she quotes: “… I had an abortion… I am a lawyer who broke the law”. This statement will result in a disciplinary summons.
The lawyer was a fervent supporter of free access to contraception and free abortion. With Jean Rostand and Simone de Beauvoir, she founded the feminist movement ” Choisir la cause des femmes ” in 1971. The trio campaigned for the decriminalization of abortion and lobbied for the revision of the 1920 law prohibiting fertility control for women. When Simone de Beauvoir died, she replaced him at the head of the association.
What a case Marie-Claire?
Marie-Claire Chevalier was only a young girl when she became a victim of rape. A boy from her high school, Daniel P, was the perpetrator of the sexual assault. The rape took place in 1971, a period that was unfavorable to abortion. She then sought the help of her mother, an employee of the RATP. This one cannot however cover the expenses of abortion, at the time with 4500 francs. The victim then turned to one of her colleagues and had an abortion for 1200 francs. The operation became complicated and developed an infection and a hemorrhage.
Having heard about her abortion, her rapist reported the crime to the police. The police then seized Marie-Claire. In prison, she hears about Gisèle Halimi. She asked the lawyer to help her defend herself. This is how the Bobigny trial began. The defense chose the cause of women and condemned the injustice of the 1920 law.
The verdict of the trial of Bobigny leads to the release (not guilty) of Marie-Claire. Theanalysis of the trial of Bobigny then leads to the Veil law. Law of January 1975, this one decriminalizes the voluntary interruption of pregnancy.
The history of abortion rights in Canada
Dr. Henry Morgentaler was the precursor of the right to abortion in Canada, protected by jurisprudence. The judgment bearing his name(the Morgentaler decision) was rendered by the Supreme Court in 1988.
For the record, the doctor had a clinic in Toronto where he performed abortions in a clandestine manner. The authorities, having discovered the situation, convicted the doctor undersection 251 of the CanadianCriminal Code , which prohibits any attempt at abortion.
At his trial in 1988, the Supreme Court ruled against the section, pleading ” injury to the physical and emotional integrity ” of a woman. The ruling decriminalized abortion in Canada.
Following his trial, the doctor worked hard to defend women’s rights until his death on May 29, 2013.
The right to abortion under Canadian law
Abortion was decriminalized in Canada in 1988, but it has no federal law.
The pro-abortion settlement
The Morgentaler case put an end to therapeutic abortion committees. Prior to 1988, they imposed their authority on access to abortion. A year later, the Supreme Court ruled in favour of this right by emphasizing theidentity of the fetus. The Canadian justice system does not recognize it as a human being. Consequently, it cannot enjoy the rights enshrined in the Charter of Rights and Freedoms. The justice system leaves it up to the mother to decide whether to continue or terminate her pregnancy.
Conservative doctors sometimes assert their right to “conscientious objection” following a request for an abortion, despite its decriminalization.
Improved rights of access to abortion
In the absence of an abortion law, provinces currently deal independently with access to health care and abortion services. There are some exceptions across the country. For example, the conservative Maritime province in eastern Canada, New Brunswick, limits the service.
The Canadian government is moving towards improving legal access to abortion. The Canadian Prime Minister has mobilized several of his ministers to begin an evaluation of the issue, with the objective of protecting women’s rights.
The improvement project also involves an investment of over $3.5 million. The funding will optimize access to service and will be directed to organizations that support women in need.
At the same time, the government wants to reassure that the right to abortion is effective in Canada, contrary to the United States where it threatens to dissolve.
Abortion procedures in Canada
Canadians are still in favour of abortion. The practice remains legal despite minority challenges.
Generalized access in the first trimester of pregnancy
There is no maximum time limit in the law for losing the right to an abortion. In the majority of cases, the procedures and procedures for the operation are carried out without hindrance during the first trimester of pregnancy, that is, during the first 12 weeks of amenorrhea. This is when the medical abortion, also known as the abortion pill, takes place.
During this time, you can have the procedure in a specialized clinic, hospital or CLSC (local community service center). Some health care facilities mandate family physicians to supervise it.
Limited access in the second trimester of pregnancy
As the second trimester approaches, complications arise. After the 23rd week of amenorrhea, many health care facilities refuse the practice, except in exceptional cases. Doctors accept if they find an incurable fetal anomaly or endangerment of the mother.
In case of refusal, women turn to the Montreal Abortion Appointment Centre. Some even travel abroad, to countries where the law seems to be flexible. In this case, health insurance will take over and cover the travel costs in addition to the medical costs.
A 100% free service
Abortion remains a free operation for most Canadian women. Quebec health insurance recognizes the practice and covers the surgical fees.
Even without insurance, it remains financially accessible under certain conditions. An immigrant woman who has not yet received her health insurance card (but has taken the necessary steps to obtain one) can have an abortion on a voluntary basis.
A refugee woman covered by the Interim Federal Health Program may be eligible for affordability of the practice.
A woman from an out-of-province may be reimbursed by her province of origin. She must find out in advance about the health insurance plan in her region.
The intervention of a lawyer for the right to an abortion
Abortion is a right granted to all women. However, the intervention of a lawyer may be required in case of difficulty.
The legalization of abortion
Abortion has been legalized, but it is still a controversial issue in society. As such, the law gives precedence to ” the primacy of the person “. It prohibits all forms of infringement of the dignity of the person and defends respect for the human being from birth.
The law also recognizes that a pregnant woman who refuses to continue her pregnancy may request an expert (a midwife or doctor) to interrupt the proceedings. This provision implies a premature act and therefore an induced abortion performed for medical reasons.
Even so, the abortion may be spontaneous. In this case, it is a miscarriage.
When to call a lawyer?
The late period of time unfavorable for surgery, ethical and moral issues that take precedence over the patient’s will are often the reasons for the refusal of abortion by medical specialists.
In this case, the presence of a lawyer is indispensable. He will help you to enjoy your right to abortion. Some legal experts are indignant about the need for a lawyer in such a case. They criticize health care facilities for believing themselves to be above Canadian law. They emphasize the right of women to terminate their pregnancy, regardless of the stage of the fetus.
