Day One, a series of excerpts from Without Apology that describe the first attempt at telling the truth about abortion in Canada.
Reproductive Freedom
A historic battle took place in this country in the late twentieth century between the women’s movement and the Canadian state. Advocates for women’s rights won a major victory when the Supreme Court of Canada overturned the federal abortion law in January 1988. At the time, the campaign for full access to free abortion was situated in the broader context of reproductive freedom. Abortion rights was seen as only one of a number of demands of the women’s movement in the fight for reproductive rights for all.
Before the law was struck down, women had access to abortion, but it was a very privileged access. In 1969, legislation was passed that allowed abortions to be performed if they took place in an approved or accredited hospital with the consent of a Therapeutic Abortion Committee. The committee had to comprise three doctors whose role was to determine whether the continuation of a pregnancy would impact on the physical or mental health of the woman. If they decided that it would, the woman would be allowed an abortion. There was uneven interpretation of the law across the country, and many hospitals did not establish committees. The law was unjust in that it denied women the right to make decisions over their reproductive health.
In practice, the 1969 law resulted in very inequitable access. Women with economic resources who could afford a private gynecologist or travel to the United States or Montréal could get an abortion. Many racialized, Indigenous, working-class, rural, and young women did not have access. In spite of the claims that Canada had universal health care, there was a two-tiered system.
An excerpt from Carolyn Egan and Linda Gardner’s chapter in Without Apology: Writings on Abortion in Canada, edited by Shannon Stettner.
