PBP110H: Opportunities for Political Activism on Pre-Born Human Rights

This is based on notes from the second half of André Schouten's 2013 NCLN Symposium presentation, A Legal Wasteland: The Pre-Born Child and Canadian Law

Provincial Abortion Laws

• difference between federal and provincial
  • in the US, States can create both criminal law and health regulations
  • in Canada, the federal government creates criminal law, but health is a provincial issue
• Trivia:
  • Number of pro-life laws passed: US 2012 43; US 2011 92; Canada since 1988: 1
    • no criminal law passed
    • New Brunswick: slipped into larger laws, abortions have to be in hospitals, not in private clinics (specifically designed to get Morgentaler out)
      • law was tossed out for infringing on criminal law jurisdiction (~1993)
• There is a lot of room in the provinces to make new laws
  • provider requirements
    • abortion clinic regulations
    • regulate as surgical centres
    • require licenses
    • require physicians only
  • Informed Consent
    • risks of procedure, gestational age of child, information re: breast cancer / mental health / risks in future pregnancies
    • “Pregnant Pause” laws
    • ultrasound requirement (almost more effective than laws in deterring women from abortions, vans in US)
    • fetal pain
    • independent counselling requirement (people who counsel women to have abortions are also the ones who gain financially from women saying yes?)
    • coercion signage and signing requirement
  • Parental Rights
    • Parental notice for 16 and under
  • Reporting
    • Accurate reporting requirements of all surgical and nonsurgical abortions
    • Proper statistics on gestational age of all surgical abortions
    • [missed]
    • CIHI: e.g. half of the gestational ages are missing
  • Conscience Rights
    • law to protect all health workers (nurses, doctors, etc.) who object to any anti-life procedure
    • law to protect institutions which object to anti-life procedures (i.e. Catholic hospitals, etc.)
  • Funding
    • Defund Abortion campaign
    • Crisis Pregnancy Centres… get nothing
• Why might it be important to pursue provincial laws?
  • Joyce Arthur: “because we have virtually no restrictions against abortion, we've been able to spend our time working on access and funding issues, instead of fighting oppressive laws, which is what our American friends must do. Restrictions such as consent laws, waiting periods, and the like are simply cruel and unnecessary obstacles that impede a woman's ability to get a safe, early abortion. There is no question that the absence of restrictive laws against abortion places the struggle for abortion rights on the fast track for success.”