21st Anniversary the Supreme Court decision on abortion in Canada

January 28, 2009

January 28, 2009 marks the 21st anniversary of the Supreme Court decision in Canada which ruled that legislation against abortion infringed on rights set out by the Charter of Rights and Freedoms.

Between 1969 and 1988, Canadian law stated that abortions could be performed in a hospital if a committee of doctors decided that continuing the pregnancy could endanger the mother's life or health. Access to abortions varied across the country.

In his 1988 decision, Dickson found that the law violated Section 7 of the Charter of Rights and Freedoms because it infringes upon a woman's right to "life, liberty and security of person.

"Forcing a woman, by threat of criminal sanction to carry a fetus to term unless she meets certain criteria unrelated to her own priorities and aspirations is a profound interference with a woman's body and thus a violation of her security of the person," Dickson wrote.

Canada is now one of a small number of countries without a law restricting abortion. An abortion is now treated like any other medical procedure and is governed by provincial and medical regulations.

The Canadian Federation for Sexual Health supports a woman’s individual right to choose and obtain an abortion and celebrates the anniversary of this Supreme Court decision.