The Canadian Context: Abortion Rights

Gender 305 Gender and International Human Rights

This podcast focuses on abortion rights in Canada: what is the history of abortion rights in Canada? Are there any legislated protections in place for individuals wanting/needing an abortion? How accessible are abortions? Also, what are some of the socio-economic impacts/pressures when it comes to getting an abortion? And how have Indigenous peoples been affected by changes in reproductive rights, have they even been considered? These are some of the core questions that we aim to answer in our podcast. Part of our conversation will touch on the debate that exists within discussions of abortion rights, pro-life vs. pro-choice, this division centers around the right a fetus versus the right of the pregnant individual. Finally, we will also draw comparisons between abortion rights in Canada and those in the United States, especially focusing on the actions of individual states following the over turning of Roe v. Wade.

The purpose of our podcast is to bring awareness to the fact that since the 1988 ruling by the Supreme Court of Canada in the case of R v. Morgentaler, the act of giving or receiving an aboriton has been considered legal by the federal government of Canada. The Court found that

previous abortion laws that banned or limited access to abortions went against section 7 of the

Canadian Charter of Rights and Freedoms, the right to life, liberty and security of person (Long,

2022). Nevertheless, despite abortions being decriminalized and legal, the right to obtain an

abortion has never been enshrined in the Canadian Constitution. It also has not been added to the Charter of Rights and Freedoms thus meaning that there are no protections in place that will ensure the longevity of individuals being able to safely and legally access abortions (ARCC, 1). Some of the main arguments and concepts we are engaging with include the right for

everyone to have access to safe abortions. In clinics, we need to have open, safe spaces for

people of all genders, socio-economic statuses, religions, and races to have abortions, free from bias or harassment. Canada needs to have these clinics accessible to everyone, including those in rural areas. Canada also needs to have laws that are pro-choice. While abortion is decriminalized, there has been no legislature on abortions since 1988. The Supreme court did not say that there was an inherent right to abortions under the charter of rights, merely that the laws against abortions were hindering women’s rights (Long, 2022). With this comes limited access to abortions and a general sense of uncertainty with the Roe v. Wade overturning in the USA. Canada needs to put in place firm laws that defend a persons right to an abortion. Another

concept we will engage with is the fact that certain demographics are disproportionately affected by abortion laws. This partially stems from racism, sexism, classism and prejudice against those who differ from the people in charge. This topic is acutely relevant to our current society with the recent overturning of Roe v. Wade; with a change in leadership Canada could have similar outcomes. It is time that those in charge create laws that protect abortion and a person’s right to choose. Without this, future leaders will have an easier time enforcing abortion bans even though abortion is currently decriminalized in Canada.

Finally, we explore the implementation and enforcement of rights by discussing the barriers to abortion in Canada. Due to Canada’s concentrated population along the southern border, (and un-official racist/classist policies), rural communities are often underserved in relation to reproductive healthcare. Geographic locations greatly impact the rhetoric surrounding abortions in Canada. Un-serviced areas usually also lack adequate pregnancy care (Kirby, 2017.)

Due to the direct links between socio-economic status and geographic location in Canada, reproductive healthcare is not equally accessible across the country. Through the podcast, we will also juxtapose perceived equal access to reproductive rights in Canada and the reality experienced by Indigenous people. Reproductive healthcare in Canada is upheld on the “legislated and non-legislated policies which aim to control Indigenous women’s reproductive rights” (Clarke, 2021). W discuss the aftermath of the report issued by the United Nations Committee Against Torture that acknowledges coerced and forced sterilization of

Indigenous women in Canada (UN, 2018).

References:

Possible Sources to direct listeners to

Abortion Rights Coalition: Instagram

https://www.instagram.com/abortionrightscoalitioncan/?hl=en

Aborsh: Podcast

https://www.vanmag.com/Why-Should-Canadians-Care-About-Roe-v-Wade-This-Podcast-Tackl

es-Abortion-Rights-North-of-the-Border

Al-Arshani, S. (2022). “A Judge in Brazil Ordered a 10-Year-Old Rape Victim to Be Removed

from Her Family and Sent to a Shelter to Prevent Her from Having an Abortion.” Insider,

https://www.insider.com/brazil-judge-10-year-old-rape-victim--abortion-2022-7.

Beier, T. (2018). Abortion is a Charter Right. 4.

https://www.arcc-cdac.ca/media/position-papers/65-abortion-charter-right.pdf

Clarke, E. Indigenous Women and the Risk of Reproductive Healthcare: Forced Sterilization,

Genocide, and Contemporary Population Control. J. Hum. Rights Soc. Work 6, 144–147

(2021). https://doi.org/10.1007/s41134-020-00139-9

Lewis, H. (1998). "Global intersections: critical race feminist human rights and inter/national

black women." Maine Law Review, 50(2), 309-326.

Long, L. (2022). Abortion in Canada. In The Canadian Encyclopedia. Retrieved from

https://www.thecanadianencyclopedia.ca/en/article/abortion

Sherwin, S. (1991). Abortion Through a Feminist Ethics Lens. Dialogue, 30(3), 327-342.

doi:10.1017/S0012217300011690