The Big Story Would a Poilievre government really threaten abortion rights?
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May 23, 2024 
Opposition leader Pierre Poilievre discusses potential use of notwithstanding clause for criminal justice reform and its impact on abortion rights. Professor Daphne Gilbert delves into political posturing, precedents, and risks for access to abortion. Explore implications of using the notwithstanding clause on Canada's legal system and Charter of Rights.
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History of Abortion Law in Canada
- Abortion was illegal in Canada until 1969, then legal under strict conditions.
- The Supreme Court struck down those restrictions in 1988, making abortion legal but leaving room for potential future regulation.
Recriminalizing Abortion
- Completely re-criminalizing abortion in Canada is highly unlikely due to strong legal precedents protecting autonomy.
- However, criminal regulations like gestational limits or restrictions on providers are possible.
Poilievre and the Notwithstanding Clause
- While the Conservative Party has historically attempted to regulate abortion, Pierre Poilievre's promise to use the notwithstanding clause is new.
- This raises concerns about potential restrictions on abortion access.