The Big Story Weekend Listen: Before Morgentaler Part Two: Making It Legal
Mar 8, 2026
Joyce Arthur, longtime abortion rights activist and founder of the Abortion Rights Coalition of Canada, and Frederique Chabot, Director of Health Promotion at Action Canada, discuss Canadian abortion policy, decriminalization versus legislation, and access barriers. They cover inequities for rural, low-income, Indigenous and trans communities, cross-border effects from U.S. restrictions, and progress like mifepristone and telemedicine.
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Decriminalization Makes Canada Legally Different
- Canada cannot mirror the U.S. reversal because abortion was decriminalized in 1988 and is regulated as health care under the Canada Health Act.
- Frederique Chabot explains Canada lacks a federal abortion-rights law, so there is no single statute that could be simply repealed like Roe v. Wade was.
Why An Explicit Abortion Law Could Be Risky
- A formal abortion law could backfire by providing a legislative foothold for restrictions and hostile amendments.
- Joyce Arthur warns that laws invite amendments like mandatory ultrasounds or parental consent and give anti-choice groups something concrete to attack.
Access Is The Real Abortion Problem In Canada
- Access, not legality, is the central Canadian problem: geographical, economic, and social barriers persist despite decriminalization.
- The podcast notes provinces differ widely; some offer 2–3 points of service while Ontario has 16–20, concentrating care in cities.