Abortion rights threatened in the United States, should we fear a setback in NB?

A political rather than legal impact

Unlike the United States, there is no law governing abortion in Canada. Rather, abortion is a right, based on the 1988 Morgentaler decision and the Canada Health Act.

I would say that the decision we are expecting from the United States will have no direct legal impact in Canada. But certainly, at the political level, it could have an impact because individuals see what is happening south of the bordersays Laura Berger, legal counsel for the Canadian Civil Liberties Association.

Julie Gillet, executive director of the Regroupement féministe du Nouveau-Brunswick, fears that such a decision will fuel the flame of anti-choice activists in our country. It worries us, because it’s something that’s happening close to homeshe says.

His opinion is shared by the Abortion Rights Coalition of Canada, which argues that abolishing abortion rights in one place can lead people to want to overturn these rights elsewhere.

A erosion of these freedoms can give ammunition to people opposed to abortion by motivating them to continue their fight to restrict access to these services, adds Tasia Alexopoulos, spokesperson for the organization.

Many anti-choice groups in Canada are funded by similar organizations in the United States. There’s a lot of money back and forth, ideas, strategiesshe says.

A right that is not acquired

We have rights that are better defended for the moment in terms of access to abortion, but we are not immune to backtracking either.tempers Julie Gillet.

For example, last year the Canadian Civil Liberties Association (CCLA) filed a lawsuit against the government of New Brunswick. According to the lawsuit, the province’s regulation regarding access to abortion is unconstitutional and discriminatory, since abortions in private clinics are not covered by Medicare.

In June 2021, the organization won its first victory. The Chief Justice of the Court of Queen’s Bench of the Province, Tracey K. DeWarehad then authorized the body to continue the litigation, after lawyers for the government of Prime Minister Blaine Higgs disputed the place of theACLCCanadian Civil Liberties Association in the file.

Abortion is an intimate, very sensitive issue, and there are many barriers and obstacles for women who would like, individually, to take legal action, says Laura Berger, to explain the decision of the judge.

Until a decision is rendered in the lawsuit against the provincial government, lawyer Laura Berger hopes that events unfolding in the United States will revive the debate, but in another direction.

” I hope the news from the United States will sensitize us [et] will force Canadians to recognize that we cannot take our rights for granted. »

Access can be eroded not only with big decisions at the Supreme Court level, but also with funding decisions and decisions like what we see in New Brunswickshe defends.

barriers to abortion

Faced with serious access issues, women in Canada sometimes turn to American states for surgical abortions. This can especially occur when the pregnancy exceeds 16 weeks.

If Roe v. Wade were overturned, 26 states would be likely to ban abortion on their territory due to laws or constitutional amendments already in place.

According to Tasia Alexopoulos, these bans would likely have only a minimal effect on New Brunswick women who obtain this care in states where there are no restrictions on abortion, as is the case in the State of Maine.

However, people from places with more restrictive measures may have to travel for access to abortion, [ce qui signifie] that there may be fewer services available to Canadiansshe nuances.

But this decision could also force Canada to fill a gap for what happens in the United States, as it has done in the past, recalls Jessi Taylor, spokesperson for Reproductive Justice New Brunswick.

” It’s a big slap in the face, because we don’t take care of our access problems [à l’avortement]. »

In New Brunswick, surgical abortion is generally permitted up to 13 weeks and 6 days of gestation, but may be available up to 16 weeks.

Girls, women or transgender people who require an abortion beyond this time frame must generally travel to other provinces, such as Quebec, or the United States, where the operation is permitted for up to 24 weeks. .

With information from Mathieu Papillon