Fighting for Abortion Access in Canada: A Constitutional Analysis

Access to abortion is a controversial matter that creates a labyrinth of polarizing issues. Perspectives on abortion range from anathema to overzealous support, with stakeholders occasionally resorting to legal avenues to control access one way or another. This paper will explore the possibility of protecting and expanding access to abortion through constitutional mechanisms in the Canadian legal landscape. By analyzing Canada's current degree of access, this paper will explain that abortion services for those in need are inadequate. In order to advocate for greater access, this paper examines a multitude of legal tools and doctrines to constitutionally protect access to abortion care in Canada. These tools include recognizing positive rights under sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms, protection under the national concern doctrine, and other conventional Charter challenges. However, this paper will ultimately suggest that legal protection is not the most effective strategy. Overall, political and social avenues, rather than legal ones, are more productive paths that can create lasting change in advocating for greater access to abortion.