Canada’s Unlimited Abortion Access Faces Scrutiny

The story

During a press conference last week, Canadian Prime Minister Justin Trudeau warned that an attack on abortion — similar to the overruling of Roe v Wade — is “more likely to happen in Canada” if the Conservative Party gains power.

His comments come on the heels of a developing political debate. Recently an abortion clinic shut down in eastern Canada due to a restriction on public funding, a Canadian Parliament member released a petition calling on the federal government to restrict abortions, and Conservative Party leader Pierre Poilievre alluded to using constitutional measures to enact political reform in the event of a majority Conservative government — measures that Liberal Party critics maintain he could use to restrict abortion if elected.

In response to the accusations, Poilievre’s office stated, “a common-sense Conservative government will not legislate on abortion.” Because Poilievre and Conservatives are not threatening to introduce pro-life legislation, Trudeau’s accusations appear to be an attempt at fearmongering for votes.

The sides

In Canadian politics, the abortion issue transcends party lines. While the Conservative Party has no official stance, 56 percent of Conservative voters prefer a leader who supports abortion, as of 2022.

Many Canadians are vehemently against abortion legislation — even pro-choice laws to protect abortion rights. In keeping with public sentiment, Trudeau’s health minister stated that the government will not statutorily guarantee abortion access. Progressives do not want to “reopen” an abortion debate in Canada because introducing any bill could incentivize Conservatives to seek regulatory compromise, including mandatory wait times or gestational limits.

While the ruling party in Canada is raising alarms about Conservatives re-criminalizing abortion, only 11 percent of Canadians oppose abortion. Unlike the U.S., where red states are implementing pro-life laws, the appetite simply doesn’t exist in Canada.

Beyond the headlines

Canada’s approach to abortion is uniquely progressive, relative to the rest of the world. Considered a “medical procedure,” abortion is completely decriminalized and publicly funded — since 1988.

To facilitate its liberal abortion stance, Canadian law does not recognize fetal rights in any capacity. A “human being” is defined as any baby that has “proceeded, in a complete state, from the body of its mother.”

Canada’s unborn exist in what has been dubbed a “legal vacuum.” Since fetuses are not “humans,” murderers of pregnant women can only be charged with one count of homicide — even if the victim was 37 weeks pregnant.

The legal vacuum has led to multiple attempts to recognize fetal rights in law. A bill was proposed in 2016 to recognize the murder of an unborn fetus as a separate offense under the criminal code. A pro-abortion watchdog group criticized the move as a political attempt to “smuggle fetal personhood” into law — a claim reiterated in 2023 in response to a similar bill.

Why it matters

Amidst a potential rightward shift in Canadian politics, chances of Parliament enacting a pro-life bill, though remote, are not zero.

Beyond Canada, Americans are back to debating abortion laws in the aftermath of Roe v Wade’s overturn. U.S. legislators might take note that, in shunning the abortion topic for so long, Canadian Conservatives ceded to the left — allowing them to completely dominate the conversation and transform public perception of the issue.

In decriminalizing abortion and establishing it as a publicly funded service, Canada makes an interesting case study in successful application of progressive politics.