Abortion

Abortion

Literature Review

In 1988, the Supreme Court of Canada declared as invalid the abortion law in force until then. Since then, abortion in Canada is fully decriminalized and subject only to the provisions applicable to any other medical intervention. Government's attempt to introduce a new abortion law failed in 1991 to Parliament. The Canadian experience of eight years has taught us that it works even without paragraphs or criminal law (Abacus Data Incorporated, 2011). The practice of abortion does not develop differently from other countries that have liberal abortion still yet registered in the Penal Code. The abortion debate comes at a turning point with the adoption of the Charter of Rights and Freedoms in 1982. The Canadians were then able to draw from this addition of new constitutional grounds based on the rights and freedoms in order to present their cases to the Supreme Court. The legislature refused to act, it is the Supreme Court that it was, and that it is in fact even today, to solve problems arising from the absence of legislation on abortion in Canada (Sonu, 2011).

The Canadian Charter of Rights and Freedoms is entrenched in the Constitution Act 1982, which guarantees to Canadians the rights and freedoms set forth therein. The Charter includes many provisions that define the fundamental freedoms (like freedom of expression) and rights, many of which relate to official languages (Weintraub, 2001). In the majority (5 against 2), the judges decided that section 251 did in fact infringe the rights to liberty and security guaranteed by section 7 of the Charter. They also concluded that this limitation the rights were not justified under Article I of the Charter which allows you to restrict the rights in a reasonable and justifiable in a free and democratic society (Alward, 2002). Accordingly, they stated in Article 251 of the Criminal Code unconstitutional under s. 52 (1) of the Constitution Act, 1982. The majority wrote three separate judgments (Medoff, 2003).

Too many people are familiar Roe v. Wade in the Canada, in which the Supreme Court held that country in 1973 (over 30 years!) The pregnant woman has the right to decide to terminate a pregnancy based on rules prohibiting the state to interfere with certain decisions fundamentals, including parenting, procreation, marriage and contraception. On this last point has existed since 1965 a decision of the Canadian Supreme Court knocking down a Connecticut law prohibiting the use of contraceptives to married couples. The Court held that this law was an unwarranted intrusion into the privacy of the couple.

There are particular limitations imposed by significant provincial differences in coverage and access to financial services (Boyle, 2004). There is, for example, no abortion on demand service for women in the Province of Prince Edward Island Prince Edward Island. In addition, a 2006 report by the Canadian Association for Freedom of choice has identified significant national inequalities in access to abortion services in hospitals. The report also notes that provincial differences in access to abortion services would be attributable ...