Abortion Rights in Canada: Where Do We Stand?

In the last few years, the abortion situation of our neighbours to the south has reignited the debate over abortion rights in Canada. Every year, we’re left wondering if our abortion rights are at risk here as well—especially considering the lack of a federal law regulating access to abortion in Canada.

In this article, we take stock of the current situation and point you to some trusted organizations and resources.

A brief history of abortion rights in Canada

Abortion was criminalized in Canada in 1869. Under this law, anyone seeking or performing an abortion faced potential life imprisonment.

Nevertheless, underground abortions continued, most of which were performed in unsafe conditions, which often led to complications or even death (Burnett, 2019). By the 1960s, complications from clandestine abortions had become the leading cause of hospitalization among women in Canada (Lachance, 2013).

In 1969, Pierre Elliott Trudeau’s government proposed a bill to decriminalize abortion. Yay! However, the abortion had to be considered “therapeutic,” which meant that it had to:

• be performed for a medical reason
• take place in an accredited hospital
• be approved by a committee of three doctors

Quebec didn’t wait for the rest of the country to catch up, funding its first abortion clinic in 1966.

In 1976, the government launched an abortion access program to make the service available in CLSCs throughout the province despite the fact that it was still criminalized at the federal level. Pretty badass.

By the late 1970s, a social movement emerged advocating for access to abortion on demand regardless of the reason (medical or not). . In the following court cases involving abortion, key decisions were handed down that helped shape abortion rights in Canada as we know them today:

• R v Morgentaler (1988): The law criminalizing abortion was declared to violate the Canadian Charter of Rights and Freedoms. Abortion is therefore legal at any stage of pregnancy.
• Tremblay v Daigle (1989).  The court ruled that the father has no legal rights over the fetus, and that the fetus itself has no legal status or rights.
• In a case where a pregnant woman was sued after a car accident allegedly harmed the fetus, it was determined that a pregnant person cannot be held liable for negligence that may cause harm to a fetus.

To learn more about the legal cases at the heart of these decisions, we recommend listening to the French-language podcast Avortement : un pays pas comme les autres [Abortion: A Country Like No Other], which provides a detailed overview of abortion rights in Canada.

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Today, abortion is now accessible for any reason and with no gestational limitations.  

However, it’s far from a guaranteed right. Since the 1990s, more than 50 bills have been tabled to regulate and restrict access to abortion. So, why not create a law to protect this fundamental right? According to many abortion rights activists, it’s the absence of such a law that helps protect access to abortion in Canada—without a law in place, there’s nothing for anti-choice groups to target or amend.

We have the right, but do we have access?

In Quebec, abortion—regardless of the method—is free for individuals covered by the Régie de l’assurance maladie du Québec (RAMQ) or the Interim Federal Health Program (IFH). There are two available methods for terminating a pregnancy: surgical or medical.

The abortion pill was approved for use in Canada in 2016… a whole 28 years after France (but who’s counting?).

This pill can terminate a pregnancy in the first and second trimesters without requiring a surgical procedure. The advantages of this method are that the abortion can be self-managed and performed at home, which ensures privacy and confidentiality. Additionally, it can be prescribed by healthcare professionals who don’t need specialized training in surgical abortion.

The arrival of the abortion pill was supposed to increase and diversify access to abortion by making more options available, but that hasn’t exactly happened. Many clinics that once offered surgical abortions have since replaced their services with the abortion pill.

While the abortion pill may seem like the ideal solution, surgical abortion is indicated in over 60% of cases (Canadian Institute for Health Information, 2024). Many people prefer a surgical option not only because it’s quick and offers the comfort of being cared for by professionals rather than being alone at home but also because it can be performed at any stage of pregnancy—unlike medical abortions.

Access is therefore limited due to the lack of choice available to individuals since the two services do not take place under the same conditions. Surgical abortion sometimes requires time or travel, and when it comes to terminating a pregnancy, time is of the essence. Many unwanted bodily changes can occur in that time—not to mention the emotional and psychological burden that can accompany them.

Although our access to abortion is outstanding on an international scale, there are still some barriers to access:

• It’s often easier to get an abortion in the first trimester than in the second or third, as some doctors or facilities may refuse to perform them.
• Access is more difficult for people whose first language is neither English nor French.
• For some people, accessing abortion services may require travel and time off work.

In this testimonial, our contributor Mia shares her abortion experience, with no regrets, underlining the importance of choice, support and the need to discuss abortion without stigma.

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How to find a trusted organization

What is a pro-choice organization?

According to the Fédération du Québec pour la Planning Familiale (FQPN), a pro-choice resource first and foremost promotes the free choice of pregnant people—that is, the ability to choose if and when to have children. Adopting a pro-choice stance also means defending free access to abortion, contraception, and sex education. 

What can a pro-choice organization offer in the event of an unplanned pregnancy?

These resources often include feminist groups, community organizations, and other organizations that are there to help you make a free and informed decision. Whether you decide to terminate the pregnancy or carry it to term, . these groups can provide support and guidance. They also offer a space for dialogue and provide access to reliable information, and they will explain all available options and direct you to the appropriate services. For example, SOS Grossesse (Quebec, Eastern Townships) and Grossesse Secours (Montreal) offer judgment-free and confidential support services via chat, telephone or in-person.

Pro-choice resources also include pro-choice clinics. These clinics offer surgical or medical abortion services without judgment. They also provide pregnancy tests (at-home or in-clinic), ultrasounds, contraception, peer support, and support from certified mental health professionals.

Finding a genuine pro-choice organization is essential because the pregnant person’s needs should always come first.

Unfortunately, some resources may claim to be impartial while trying to persuade patients to continue with their pregnancy (we’ll get into this a little further below).

A nonexhaustive list of pro-choice resources in Quebec:

• Fédération du Québec pour le planning des naissances (FQPN) 
• Fonds de dépannage pour les interruptions de grossesse (Emergency Abortion Fund—for migrants of precarious status)
• SOS Grossesse (Estrie) 
• Grossesse-secours (Montréal)
• Abortion Rights Coalition of Canada

Anti-choice organizations: Crisis pregnancy centres (CPC)

Some pregnancy help resources, like CPCs, present themselves as neutral medical clinics or counselling centres that offer help choosing between terminating your pregnancy or carrying it to term. In reality, these places have anti-choice (pro-life) agendas. Some may have religious affiliations, whether they disclose this or not.

In fact, these clinics are not—shocker!—medical institutions.

Counsellors at these clinics use a variety of techniques and misinformation to dissuade a pregnant person from having an abortion This prevents people from making informed decisions and can even delay access to abortion and other health services.

Good to know: The FQPN has created a useful pamphlet on how to spot CPCs. We suggest you give it a read to learn to spot all the red flags. Here are the most common:

Second red flag: The facility presents itself as a pregnancy clinic but, upon closer inspection, does not offer abortion services or referrals.

Third red flag: The language used when discussing the fetus is not neutral. Instead, they refer to it as a “baby” or “child” (humanizing the fetus isn’t necessary). 

If in doubt, you can contact the facility directly and ask them questions about the options available for terminating a pregnancy. If the services offered are not clearly defined, or if the clinic presents itself as specializing in abortion but does not perform abortions or doesn’t provide contraception, this is a massive red flag!

When in doubt, trust your instincts. Experiencing discomfort or feeling like the clinic isn’t putting your needs first may be the sign that this clinic isn’t for you.

Why should men be concerned about abortion rights? Our contributor Charles-Étienne takes a look at the myth that abortion only concerns people with a uterus.

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