Reproductive Rights in Canada: Looking Into
Policy and Public Opinion
Dec 12, 2020
Kim and Riley
Feminist Counselling and Advocacy
George Brown College
Social Policy Essay: Reproductive Rights
Kim P. and Riley
Introduction
In the global sphere, Canada has often been framed as a leader in the charge for human
rights and “forward thinking” ideology. However, this progress is something that has been
fought for over a long period of time, through policy changes and reform, and is still a
continuing fight for many folks living here today. Specifically, the issues surrounding access to
reproductive rights in Canada, have a long and complex history. In this essay, we will be
focusing on the topic of reproductive rights in Canada and exemplify how the timeline and social
policies around them have outwardly seemed to move forward progressively, but still ignore and
disregard the needs of those in many marginalized communities; most notably women of color,
especially Indigenous women, folks living in poverty, those living in rural areas, and those who
are survivors of violence.
Change in Reproductive Rights Policy (A Timeline)
The timeline of reproductive rights in Canada and the changing attitudes surrounding the
issue, is a story of warring morals and beliefs. Before the idea of rights around reproduction and
sexual health were so politicized Canadian women have had ways to be autonomous with their
bodies and fertility. As early as the beginning of the 19th century, abortion (using methods such
as douching as well as pills known to “supress menstruation”) before the first fetal movements,
was not illegal. Indigenous women at the time were also regularly utilizing the method of
breastfeeding and withdrawal to control pregnancy. However, in response to a dramatic decline
in fertility among Canadian women in the late 1800s, New Brunswick became the first Canadian
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province to criminalize abortion regardless of how far along the mother was, other provinces
soon followed suit, subsequently, in 1892, leading to the criminalization of all forms of
contraception.
Still, no matter the legal ramifications, women still sought to control their own sexual
health, and because of back lash and protests, in 1969, the liberal government at the time decided
to decriminalize contraception and allow abortions, but only under certain parameters, that puts
the decision in doctors hands, rather than the mothers (CPHA, 2018.) And because of this, many
activists rose up to protest and remove these parameters (for example, one of the only reasons
that doctors would allow women abortions would be for them to prove that they are mentally ill,
which shows the ableist tendecies and attitudes that permeated and continue to permeate the fight
for repreductive rights). One of these activists was Dr. Henry Morgentaler, who ignored the
Criminal Code and opened a clinic in Montreal, which began over 20 years of legal battles with
the state (McCargar, 2014).
The end of this legal battle, concluded that, in 1988, the Supreme Court struck down the
1969 abortion law and enabled abortions to be performed legally in Canada. And though many
see this as the final win for Canada and its fight for reproductive rights, availability of resources,
living in the North or in rural areas, conservative attitudes, as well as the intersecting identity of
race can prove prohibitive to access to abortion. For example, in 2019, women who go to doctors
to receive birth control procedures are still being turned away by doctors who “conscientiously
object” to giving the procedure because they think that it is inappropriate for someone who is
“unwed, too young, or could want more children in the future” (Butler, 2019), and place their
beliefs before a women’s bodily autonomy. In these cases, doctors who “conscientiously object”
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are legally required to refer their patients to another doctor, but women have reported being
referred to doctors with the same mindsets and attitudes, leading to a cycle of denial to access.
This shows how we are still on a continuous journey towards reproductive freedom, and though
some see the fight as being won, we still have a long way to go
How Has This Change Affected Policy Today?
Throughout the time since Canadas decriminalization of Abortion in 1969 and
the years of advancement in reproductive rights, there’s been ongoing controversy and debate
creating step backs and negative impacts on the growth of present policies. Spanning that
period of time since the decriminalization, there has been a change in views and opinions
on reproductive rights and the laws and policies surrounding them. With these ideology
changes as well as more modern medicine and practices, has ultimately come
progressions within reproductive rights. In 1988 the supreme court deemed it legal for
abortions nationally.
But, with the given progression of decriminalization and legalization, there’s also been
ongoing pushback, debate and controversy stemming from varying opinions as well as
the accessibility of different reproductive resources across the country. When looking at
the present policies within the Canadian System, there’s several barriers present for
individuals seeking abortions. One of the first given barriers that comes through policies
regarding reproductive rights, is that under provincial medical billing arrangements,
Abortion is the only procedure not covered. This creates a huge accessibility barrier for
individuals outside of their home province. This means, If someone is seeking an
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abortion, in order to have coverage they will have to return to their original province in
order to receive one without the financial costs. Canada, being a wide spread country,
doesn’t make a travel home an option for some. With this being the only procedure
classified this way, we can relate this created negative advancement on the controversial
subject matter of reproductive rights. PEI is a province within Canada with no abortion
facilities.
On a territorial level within Canada, the provincial governments take most control and funding
over healthcare and what occurs within the province. They also take control over education and
what is taught within the school system over reproductive rights and sexual education as a
whole. Within Ontario, the Ford government made the choice to ditch a modern sexual
education teaching within Ontario schools. This was also a choice that stemmed from backlash
regarding reproductive rights and progressions. While some provinces may vary from others,
Ontario’s recent choices show a prime example of negative impacts and step backs on a
territorial level regarding reproductive rights. It also creates a negative impact for the children
learning these outdated notions within school. With the knowledge they gain being outdated
and lacking of proper subject content, chances are they will develop viewpoints regarding
reproductive rights that aren’t positive toward progression. This means the next generation
could face further setbacks.
Global comparison of Canada to other nations is a varying construct. While Canada tends to
appear more progressive, on an internal level, most of the time that isn’t always the case. Some
nations still have criminalized abortion laws, restrictions and policies. Basic reproductive rights
and proper sexual education hasn’t been brought to light for many nations under more
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conservative or religion based nations. If Canada can face its own internal conflicts and progress
further from the pushbacks we face, hopefully we can set more of a path for other nations to
follow and provide safe and accessible reproductive health care for their people.
Backlash to the Increase in Reproductive Rights and Freedoms
Though many policies and laws have been put in place to increase aspects of reproductive
freedom in Canada, there are still groups of individuals who see these policies as something that
comes into conflict with their religious beliefs and morals. For example, in 2018, the Liberal
government made it a requirement of a federal grant, that would provide $113 million for 70 000
student jobs, an agreement to “respect individual human rights in Canada”, which would include
also agreeing to respect the right to safe and legal abortions (Bilefsky, 2018). This garnered
criticism from many religious and conservative organizations, stating that this requirement
violated their religious freedoms, and that this act was the Canadian government “imposing its
beliefs on Canadians”. In the wake of this outcry, Joyce Arthur (executive director of the
Abortion Rights Coalition of Canada), commented to say that the policy had been meant to
ensure that the government would not be funding groups that undermine human rights, but the
lack of clarity had allowed the policy to be hijacked by conservative groups pressing their own
ideologies (Bilefsky, 2018). From the outcry of these groups after this stipulation in the grant
proceedings was publicized, it is evident that there are still many in Canada who see reproductive
rights and the bodily autonomy connected to it, as a political and ideological issue, rather than
another aspect of human rights.
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Another prevalent example of these attitudes, is the regular backlash against a “modern
sex education curriculum” (especially in Ontario), from certain religious groups. In 2018, the
established sexual health curriculum from 2015, which included learning on LGBT issues,
consent and safety, was abolished and replaced with the old curriculum from 1988, which
involves an abstinence based approach to health education (Archer, 2019). One of the most vocal
groups against this new curriculum was the Association for Reformed Political Action Canada
(ARPA), whose leader, André Schutten, said the 2015 curriculum was “inappropriate for the age
of students and promoted a sexual ethic foreign to many ethnic and religious parents” (Archer,
2019). However, many on the opposing side of this argument make note of the fact that the Ford
conservative government misrepresented the curriculum and made it sound like something that
would sexualize children when, in reality, a comprehensive sex education provides children with
the knowledge about the ownership of their own bodies and the right to say no, helps to prevent
child sexual abuse (Bialystock, 2019). The backlash against Ontario students receiving an
accurate and secular sexual health education is definitely connected to attitudes around
reproductive rights. It is also notable that in these discussions, ethnic minorities are being cited
as the ones maintaining the pushback against this curriculum and being put forward as the face of
this dissent, when in actuality, it is mainly Christian groups like the ARPA who are pushing for
the movement back to the old curriculum.
National and Provincial Impacts of Policy
When it comes to accessibility for individuals within Canada seeking abortion, Canada
doesn’t make the most easy process or option for those who need the help. As previously
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mentioned, Canada has a policy that abortions are the only procedure not covered under
provincial billing. For those seeking help outside of their home province, they either would have
to cover the costs themselves or return to their home province to do so. Easier said than done.
There’s also many access barriers when it comes to given location options within provinces.
Facilities that exist for the means of abortions, usually are within larger hubs or cities. For
communities within that are further north or secluded, access the right resources that they seek
might not be an option. Ways of transportation from costs to lack of options ll play a factor in
being able to access services. This negatively impacts a vast number of indigenous communities
within Canada (McCagar, 2014). When looking at the question for accessible reproductive health
care for all of those within Canada, the answer would be no. As per a large number of
communities and people will not have the options to access services.
Another barrier created is the provincial policies regarding abortion. As for most policies
covered under provincial law, they vary from province to province and each one has different
mandates. With each province handling their medical aspects separately, the policies
surrounding reproductive rights are different. For example, for a long time there was’t a single
facility within the province of Prince Edward Island that offers abortion services. This issue
culminated in a landmark case against the government of PEI in 2016, which ended with the
government cedeing the legal challenge and offering full reproductive services, including
abortion, beginning with a clinic at Prince County Hospital in Summerside (Abortion Access
Now PEI v. Government of PEI, 2016).
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Why the Change in this Direction?
Our opinion on whether the policies regarding reproductive rights does not have a linear
answer, as folks with intersecting identities who are attempting to access services will never all
have the same experiences, or even be shown equal treatment within our current institutions.
While policy for some may seem to fit an upwardly mobile timeline (white, cis women), many
who are trans, POC, disabled, or living in poverty, will not experience this ‘advance’ in the
movement, as they are not the bodies our institutions value.
For example, in a discussion of reproductive rights in Canada, it would be remiss to
ignore the way indigenous women’s bodies have been extensively policed and controlled by the
state. Firstly, is the issue of forced and coerced sterilizations that people seem to think is an issue
of the past, but is something that is still going on today. In fact there is currently a $500 million
lawsuit against the government of Alberta, filed on behalf of all the indigenous women who were
sterilized without informed consent (Butler, 2019). Additionally, indigenous women also face the
unique and insidious issue of “birth alerts”, where Children’s Services are notified when an
indigenous woman is pregnant, they are heavily monitored, and then they live in fear after giving
birth, that their child will be taken away from them. There was a recent case in Winnipeg of a
woman signing papers which authorized her aunt to adopt the baby, and just hours after giving
birth, Child Services arrived at the hospital and took the newborn (Butler, 2019). The family
ended up having to go through the traumatic experience of going to court to have the baby
returned to them.
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Therefore, in essence, the changes in policy and laws over the years does not set back the
movement for reproductive rights, but, as can be seen through the lived experiences of
marginalized folks, the way the movement is most commonly discussed and widely thought of,
brings about a false sense of progress that ignores the bodies who are still consistently excluded
from the movement, and shows that we must work to to change the narrative and provide support
where it is truly needed.
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Reference List
Abortion Access Now PEI v. Government of PEI (2016). Retrieved from
https://www.leaf.ca/case_summary/abortion-access-now-pei-v-government-of-pei-2016/
Archer, N. (Feb 13, 2019). There’s a backlash against sex education in ‘Feminist Canada’.
Open Democracy. Retrieved from https://www.opendemocracy.net/en/5050/backlashagainst-sex-education-feminist-canada/
Bialystok, L. (Aug 29, 2019). The politics behind Ontario's sex-ed curriculum. MacClean’s
Magazine. Retrieved from https://www.macleans.ca/opinion/the-politics-behind-ontariossex-ed-curriculum/
Bilefsky, D. (Jan 19, 2018). Linking Youth Funding to Abortion Rights Spawns Backlash in
Canada and Beyond. The New York Times. Retrieved from
https://www.nytimes.com/2018/01/19/world/americas/canada-trudeau-abortion-rights.html
Butler, K. & Mason K. (June 10, 2019). The illusion of choice: Canadian women stonewalled
when it comes to reproductive rights. City News. Retrieved from
https://www.citynews1130.com/2019/06/10/the-illusion-of-choice-canadian-womenstonewalled-when-it-comes-to-reproductive-rights/
Butler, K. (June 26, 2019). 'Entire system' needs to change: Indigenous women encounter
unique issues regarding reproductive rights. City News. Retrieved from
https://toronto.citynews.ca/2019/06/26/indigenous-women-reproductive-rights/
Canadian Public Health Association. (2018). History of Family Planning in Canada. Retrieved
from https://www.cpha.ca/history-family-planning-canada
McCagar, M. (June 2, 2014). Canada’s long struggle for reproductive rights. The Star.
Retrieved from
https://www.thestar.com/opinion/commentary/2014/06/02/canadas_long_struggle_for_reproduc
tive_rights.html
Rinaldi, J. (2013). Reproductive Inequality in Canada. Health Tomorrow. Retrieved from
https://ht.journals.yorku.ca/index.php/ht/article/viewFile/37274/33846
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