Abortion in Canada: How secure is the right to obtain one?
Sarah Palmer & Mia Smith, Staff Writers |
Universities have forever been at the heart of transformative change and strong beliefs. Change is the driving factor that challenges thoughts and perspectives, but where do students draw the line?
The Canadian Centre for Bio-Ethical Reform (CCBR)—casually regarded by students as the “anti-abortion protesters” —have made themselves very comfortable in the halls of Mount Royal University (MRU).
Doing so has sparked growing concerns about why in a place of higher learning, students are being faced with such graphic imagery and polarizing views—bringing MRU to repeatedly grapple with the question of whether or not to leave their doors open to everyone’s beliefs.
Cameron Côté, the Western outreach director for CCBR, says that they intend to spread a message of information to expand people’s minds.
“We want them to intentionally reflect upon the question, can we kill an innocent human being to solve even the most challenging of problems?” Said Côté.
CCBR claims that they approach all of their protesting and education on a note of compassion and kindness. But the query of whether or not this message is being relayed to the students remains.
Côté relates their message to what Canadians would do in the case of toddlers.
“I mean what would we be doing if a hundred thousand children were being decapitated and dismembered every year in Canada?” Asked Côté.
What students think—And why it matters
Some students have expressed discomfort with the presence of the CCBR in the halls of MRU.
During a demonstration on March 11, one student—Hailey Robitaille—expressed her exasperation with the CCBR’s choice to include images of developing fetuses on their posters. Primarily, she said, because there is a preschool down the hall from Wyckham House—the site where volunteers of the CCBR assemble most often.
“When you want to talk about the wellbeing of children in regards to abortion, you are showing photos that are graphic for shock and awe,” said Robitaille. “There are children walking around the halls…they are the ones who are going to bring those photos home with them.”
Robitaille looked at a poster allegedly showing the growth of a fetus at nine weeks. She shared that she had experienced a miscarriage at that same gestation period and said “the photos are a lie anyway.”
Robitaille isn’t the only one, as other members of the student body have participated in confronting volunteers of the CCBR between classes on Tuesdays.
“I think it’s messed up because you do not know what someone is going through,” said MRU student Ash Mcconnell. “I think school should feel safe.”
However, the topic of abortion extends beyond the student body. Since 2022, when Roe v. Wade’s overturning ended federal protections for abortion in the U.S. Canada has seen a rise in pro-life demonstrations—making the CCBR just one example.
Abortion in Canada: A brief history
Fifty-six-years-ago, obtaining an abortion was a criminal offence—punishable by two-year imprisonment for the woman herself, and life in prison for the medical practitioners responsible.
Amendments to the Criminal Code in 1969 permitted abortion only in instances where sustaining pregnancy endangered the woman’s life. However, abortion in any other circumstances remained illegal under Section 251.
Nearly 20-years-later, doctors prompted further amendments to be made to abolish the criminalization of abortion. According to court documents, they believed that “a woman has an unfettered right to choose whether or not an abortion is appropriate in her individual circumstance.”
In one instance, a medical doctor named Henry Morgentaler served time for conducting unapproved abortions and brought his case to the Supreme Court of Canada.
Finding that criminalizing abortions violated Section 7 of the Charter of Rights and Freedoms, the Supreme Court ruled to overturn R v. Morgentaler in 1988—effectively decriminalizing abortion on the basis of a woman’s right to “life, liberty and security of the person.”
In the 1990s, former Conservative Prime Minister Brian Mulroney—among other provincial and municipal representatives—attempted to re-criminalize abortion. Nevertheless, the medical procedure remains legal and publicly funded today.
But with no law having replaced R v. Morgentaler to solidify the right to an abortion, this means the topic remains open for debate—efforts not foreign to several Members of Parliament (MP).
Rising threats and political push-back
In 2019, former-leader of the Federal Conservative Party (CPC), Andrew Scheer, announced his pro-life stance which resulted in a drastic loss of voter support.
The current leader, Pierre Poilievre, has vowed that if elected, the CPC will not implement policies infringing on abortion access. But, as a result of his Harper-era political admiration, Poilievre has continually allowed private members to introduce anti-choice bills.
In January 2023, Saskatchewan MP, Cathay Wagantall, suggested amendments to the Criminal Code when proposing Bill C-311—the Violence Against Women Act. The bill specified that when someone knowingly assaults a pregnant woman, sentencing procedures should consider this aggravated assault.
Four-months-later, a branch of the Canadian Bar Association (CBA)—made up of over 37,000 lawyers, students, and academics representative of the country’s legal field—wrote a letter to the Minister for Women and Gender Equality and Youth expressing their opposition to Bill C-311.
In the letter, the Women Lawyers Forum wrote that they believed Bill C-311 to be “a misguided attempt to interfere with abortion access and destabilize abortion rights, by effectively giving separate legal status to the fetus.”
In June 2023, the bill was read a second time, and 318 total votes were collected. Despite every Conservative MP voting in favour of the bill, they were outnumbered and the bill was defeated.
Another Conservative MP, Arnold Viersen of the Albertan Peace River-Westlock riding has presented three identical petitions to the House of Commons since 2023. All of which call for the Government of Canada to strengthen abortion regulations nationwide.
In the May 7, 2024 rendition, Viersen compared Canada’s lack of abortion regulations to North Korea. Additionally, he said that most abortions are conducted “for reasons of social and personal convenience” and argued that the “overturning of R v. Morgentaler goes directly against the charter since it does not protect life.”
Out of the 120 Conservative MPs, the petitions have collectively garnered 116 votes in favour.
However, the Minister of Justice and Attorney General have time and again struck the petitions down, stating their government’s commitment to “always protect and promote women’s rights in Canada.”
How secure are abortion rights?
Despite the stability of abortion rights in Canada, they have continued to be challenged in recent years—raising questions about a woman’s right to bodily integrity.
Even with newly named leader, Mark Carney, resurrecting the Liberal Party’s support, the CPC are dominating poll projections, according to a March 9 update by 338 Canada.
As the Abortion Rights Coalition of Canada explained in a November 2024 document, it’s not unlikely for anti-choice bills to be passed in the event of the CPC winning a majority government—despite Poilievre not proposing the legislation himself.
Still, according to a May 2024 survey by Leger, 80 per cent of Canadians consider themselves in favour of a woman’s right to choose—making support for anti-abortion policies highly unlikely.
