The Big Story

Would a Poilievre government really threaten abortion rights?

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.

24:57

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Pierre Poilievre

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Episode notes

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Quick takeaways

Using the notwithstanding clause for criminal justice reform could set a precedent for restricting abortion rights.

The absence of criminal regulations on abortion in Canada makes it a medically necessary service regulated by provinces.

Deep dives

History of Abortion Legalization in Canada

Abortion in Canada was initially prohibited until 1969 when Section 251 allowed it under strict conditions with approval from a therapeutic abortion committee. The Supreme Court later struck down Section 251 citing violations of the Charter of Rights and Freedoms. Canada remains unique globally without criminal regulations on abortion, treating it as a medically necessary service regulated by provinces.

Introduction

3min

The History and Challenges of Abortion Law in Canada

7min

Exploring the Impact of the Notwithstanding Clause on Criminal Justice in Canada

3min

The Controversy of Using the Notwithstanding Clause

11min

Exploring the Charter of Rights, the Notwithstanding Clause, and Dementia in Podcasts

2min

Opposition leader Pierre Poilievre has promised to use the notwithstanding clause to enact criminal justice reform if elected. Liberals have pointed to this as an indication that Conservatives would use it for other things, including restricting abortion.

How much of this is political posturing from either side? How huge a precedent would using the notwithstanding clause this way represent? If a Conservative government went down this path, would access to abortion really be at risk? And what could the Liberals do now if they believed that to be the case?

GUEST: Daphne Gilbert, professor of criminal and constitutional law at the University of Ottawa

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