1. Objectifs

Intentions :
« We will first explain how Canada came to decriminalize abortion and then go on to assess that position from an ethical point of view. » (p. 287)

2. Méthode

Échantillon/Matériau :
Jugements de cour pour les procès Regina v. Morgentaler (1988) et Tremblay v. Daigle (1989), ainsi que différents documents ayant trait à l’avortement au Canada.

Type de traitement des données :
Réflexion critique

3. Résumé

« Canada is one of the few countries in the world—China is another—that has decriminalized abortion. In Canada, there are no legislative or judicial restrictions whatsoever on abortion: When, where, and under what circumstances abortions can be performed are all unregulated. In sharp contrast, abortion is generally illegal in South American and predominantly Catholic countries, as well as in African and Muslim countries. And the countries that do allow legal abortions, including most in Europe along with America, Australia, and Russia, typically permit it only up to a certain time or make it subject to circumstances such as risk to the woman. » (p. 287)
« Decriminalization, however, does not mean access, and although there is relatively good access to abortion in Canada, some nonlegal obstacles exist. Abortions in Canada are provided free of charge—like any other medically necessary service—in hospitals. But not all hospitals perform abortions, and there are often long waiting lists. Some provinces fund abortions in independent clinics. But not all do, and there are not enough clinics—especially in rural areas—to meet the demand. Until these barriers to access are removed, there will remain a correctable inequality between men and women—indeed, between women—in matters of reproduction, and an iteration of the argument for decriminalizing abortion suggests they should be removed. » (p. 290)