Abortion in Canada

Historical Criminalization and Early Reform

Abortion was formally prohibited in Canada in 1869, just two years after Confederation, with the law carrying potential life imprisonment for providers and a two-year sentence for a woman who procured her own miscarriage. This prohibition remained in the Criminal Code for a century, during which illegal abortions were common and often unsafe. Former Chief Coroner of Ontario Morton Shulman, in the 1960s, publicized deaths from these procedures, citing cases like that of Lottie Leanne Clarke, a mother of three who died of a massive infection in 1964 after an illegal abortion. Shulman instructed coroners to hold public inquests for each abortion death, and juries began recommending reform, including a federal review of the law, which was acknowledged by Justice Minister Guy Favreau in 1965. This advocacy contributed to the federal government's move to amend the law, culminating in the 1969 passage of the Criminal Law Amendment Act. The Act legalized therapeutic abortions if a hospital's three-doctor committee certified the pregnancy would likely endanger the woman's life or health, a term left undefined. The same bill also decriminalized homosexuality and contraception, encapsulated by Justice Minister Pierre Trudeau's famous statement about the state having no business in the bedrooms of the nation. In the 1970 federal statute revision, the provision was renumbered as section 251 of the Criminal Code.

The 1969 Law and Systemic Barriers

The 1969 law, codified as section 251 of the Criminal Code, did not create equitable access, a fact confirmed by the 1977 Badgley Committee report which found the procedures were not working fairly across Canada. Only about one-third of hospitals established the required Therapeutic Abortion Committees (TACs), and their standards for approving procedures varied wildly. The process itself caused significant delays, as committees often took days or weeks to decide without ever meeting the patient, and there was no right of appeal. By 1982, there were 66,319 legal abortions in Canada, but access was heavily concentrated in major cities. In Prince Edward Island the lone TAC shut down, leaving no legal abortions in the province after 1982. Women in rural areas and smaller provinces often had to travel at great personal expense to cities like Toronto or Montreal, or even to the United States, where 4,311 Canadian women went for abortions in 1982. The Badgley Committee's main conclusion was that abortion services were simply not being delivered as the law required. The committee also noted variations in doctors' interpretations of 'health', ages of consent, and parental notification requirements as further barriers.

The Morgentaler Challenges and Decriminalization

Dr. Henry Morgentaler directly challenged the abortion law by opening clinics and performing abortions without committee approval, beginning in Montreal where he stated he had performed 5,000 such procedures by 1973. His first constitutional challenge reached the Supreme Court in 1975 but was dismissed in Morgentaler v The Queen, a 6-3 decision that upheld his conviction after the Quebec Court of Appeal had overturned a jury acquittal. However, juries in Quebec repeatedly refused to convict him despite his admissions, and public outcry over the 1975 Supreme Court decision led to the 'Morgentaler Amendment' preventing appeal courts from substituting a conviction for a jury acquittal. Morgentaler's second challenge, based on the newly enacted Canadian Charter of Rights and Freedoms, succeeded in 1988 when the Supreme Court struck down section 251 by a 5-2 decision in R. v. Morgentaler. The Court ruled the law violated Section 7 of the Charter guaranteeing 'life, liberty and security of the person,' finding the procedural hurdles created manifest unfairness and infringed on a woman's right to security of the person. Chief Justice Dickson held that forcing a woman, by threat of criminal sanction, to carry a fetus to term unless she met criteria unrelated to her own priorities constituted such an infringement. Justice Bertha Wilson stated the law subjected a woman's capacity to reproduce to state control. Following the 1988 decision, the Mulroney government attempted to enact new abortion laws, including Bill C-43 in 1989, which would have banned all abortions unless a doctor ruled the woman's life or health was threatened, but it failed in the Senate on a tie vote in 1990.

• 1970: The Abortion Caravan sees 35 women chain themselves to the parliamentary gallery, closing Parliament for the first time in Canadian history.
• 1973: Morgentaler publicly states he has performed 5,000 abortions without committee approval and videotapes procedures.
• 1974: The Quebec Court of Appeal overturns a jury acquittal of Morgentaler, substituting a guilty verdict.
• 1975: Supreme Court dismisses Morgentaler's first appeal in Morgentaler v The Queen, upholding the conviction and resulting in an 18-month prison sentence.
• 1984: Morgentaler is acquitted by a jury in Ontario, a decision later appealed by the Crown leading to the 1988 Supreme Court case.
• 1988: Supreme Court delivers the landmark R. v. Morgentaler decision, decriminalizing abortion and removing it from the Criminal Code.

Current Legal and Healthcare Framework

Since 1988, abortion has been regulated as a healthcare service under the combined framework of the federal Canada Health Act and provincial/territorial health systems, with no criminal restrictions on when in a pregnancy it can be performed. The procedure is publicly funded for all patients with provincial or territorial health insurance, covering both medication and procedural abortions as medically necessary services. Surgical abortions must be performed by a physician, while medical abortions using prescription drugs like mifepristone and misoprostol can be provided by nurse practitioners, pharmacists, and midwives within the first nine weeks of gestation. Provincial funding policies and regulatory rules ultimately determine where abortions can be obtained and what methods are used, leading to regional disparities in access. Abortion is not specifically mentioned in the Canada Health Act but is included in the broad definition of insured health services. One third of hospitals perform surgical abortions, and these perform two thirds of surgical abortions in the country, with the remainder performed by public and private clinics.

Access and Regional Disparities

Access to abortion services in Canada remains uneven, creating what advocates term a 'patchwork' system where geographic location heavily influences availability. As of 2026, only three service locations in the entire country offer abortion up to 23 weeks and 6 days of gestation. No jurisdiction offers abortion on request at 24 weeks and beyond, though exceptions exist for medical complications. Many provinces have established centralized referral lines to help connect residents with services, but these systems are not universal. The Northern Options for Women (NOW) program provides a confidential line for the territories, and in Quebec, local tools like the Montreal Abortion Appointment Center serve the Greater Montreal Area. The 2026 Abortion Access Tracker, launched by Action Canada for Sexual Health & Rights and LEAF, was created specifically to map these gaps. Nationwide information is also provided by advocacy associations such as the Abortion Rights Coalition of Canada and the National Abortion Federation, which maintain detailed lists of clinics by province and the maximum gestational period each will provide abortions up to.

• New Brunswick: Centralized Intake Line at 1-844-806-9205.
• Prince Edward Island: Sexual Health, Options & Reproductive Services (SHORS) at 1-844-365-8258.
• Nova Scotia: Reproductive Options and Services (ROSE) Clinic line at 1-833-352-0719.
• British Columbia: Pregnancy Options Line at 1-888-875-3163 and Sex Sense at 1-800-739-7367.
• Northwest Territories & Nunavut: Northern Options for Women (NOW) at 1-888-873-5710 or 867-765-4018.
• Quebec: Montreal Abortion Appointment Center at 504-380-8299 for the Greater Montreal Area. La Fédération du Québec pour le planning des naissances offers a province-wide online tool.

Abortion Statistics and Demographics

Canada has maintained a relatively stable and comparatively low abortion rate since decriminalization, with data from the Canadian Institute for Health Information (CIHI) showing a rate of 10.1 per 1,000 women aged 15-44 in 2020, based on approximately 74,000 reported procedures. This rate represents a decline from a peak of 16.4 per thousand in 1997 and is similar to the 1974 rate of 10.2. About one third of people who can get pregnant have an abortion in their lifetime, and almost half of all pregnancies in Canada are unintended, with 37% of those ending in abortion. The demographic profile shows roughly half of all abortions occur among women aged 18 to 29 years, roughly 90% are performed within the first trimester, and over a third of people who get abortions are already parents. These official rates undercount the true rate as they do not fully capture medical abortions induced by prescription drugs at home, and CIHI data is known to be incomplete due to lack of unique billing codes for drugs like Mifegymiso.

• Reported abortion rate in 1974: 10.2 per 1,000 women (15-44).
• Reported abortion rate in 1997: 16.4 per 1,000 women (15-44).
• Reported abortion rate in 2020: 10.1 per 1,000 women (15-44).
• Reported number of abortions in 2020: Approximately 74,000.
• Proportion of abortions in first trimester: Roughly 90%.
• Proportion among ages 18-29: Roughly half.
• Proportion among individuals who are already parents: Over one third.
• Proportion of unintended pregnancies ending in abortion: 37%.

Contemporary Advocacy and the Access Tracker

Advocacy work continues to focus on improving equitable access and addressing persistent gaps, with a major tool launched in 2026 being the Abortion Access Tracker by Action Canada for Sexual Health & Rights and the Women’s Legal Education and Action Fund (LEAF). This online resource illustrates the legal landscape and practical realities of accessing care across the country. Key advocacy points include ensuring consistent provincial funding for all methods, expanding the provider base to include more healthcare professionals, and addressing the critical shortage of services for later-term procedures. The anti-abortion movement in Canada is represented by organizations such as the Campaign Life Coalition, REAL Women of Canada, and the Catholic Church. Annual Marches for Life occur in Ottawa and some provincial capitals, drawing thousands of people. In 2024, all federally represented political parties in Canada support continued legal abortion access, though the Conservative Party allows members to vote their conscience on the issue. Past attempts to restrict abortion include Motion 312 in 2012, which was defeated 203-91, and a 2021 private member's bill to prohibit sex-selective abortion, which was defeated 248-82.

Reported Abortion Volumes and Data Challenges

The Canadian Institute for Health Information (CIHI) is the primary source for national abortion statistics, compiling data from provincial health ministries, hospitals, and independent clinics through an enhanced methodology introduced in 2021 for reporting 2024 volumes. Significant data challenges remain, as physician billing data is incomplete across jurisdictions, leading to an ongoing underestimation of total abortion volumes. CIHI data cannot separately identify abortions induced by the drug combination Mifegymiso due to a lack of a unique billing code. This means the official statistics, which show a decline to about 74,000 reported abortions in 2020, do not fully account for the rise of medical abortions managed outside hospital settings. CIHI's data tables provide information on induced abortions from 2015 onward, capturing procedures performed in both hospital and non-hospital settings, with counts supplied by provincial ministries, hospitals, and clinics where clinic data is submitted voluntarily. The data does not account for unreported abortions in these settings or abortions induced by prescription drugs taken at home.

Early History and Legal Precedents

During the eighteenth and early nineteenth centuries, abortion before 'quickening' (15-20 weeks) was legal in the British North American colonies, a status that changed as the United Kingdom passed restrictive laws like the Malicious Shooting or Stabbing Act 1803. The 1803 Act made post-quickening abortion a capital offence, and this was followed by the Offences Against the Person Act 1837, which removed the death penalty but made procuring any miscarriage unlawful, setting a precedent Canada followed. The 1869 prohibition in Canada carried severe penalties, and early cases highlighted the dangers of illegal procedures, such as the abortion trial of Emily Stowe in 1879 and the Supreme Court case Azoulay v The Queen in 1952, both involving the deaths of women though the alleged providers were acquitted. Activist Marilyn Wilson, former executive director of the Canadian Abortion Rights Action League, estimated that several hundred women per year died from botched abortions before legalization. Shulman estimated that in the 1960s, physicians performed twenty to thirty illegal abortions per week for wealthy clients, while others resorted to unsafe methods like pumping Lysol into the womb, with a high mortality and infection rate.

Violence Towards Abortion Providers

Abortion providers in Canada have been targeted by violence. In 1983, Henry Morgentaler was attacked by a man wielding garden shears, with the attack blocked by feminist activist Judy Rebick. In 1992, Morgentaler's Toronto clinic was firebombed and sustained severe damage, though no one was injured. On November 8, 1994, Vancouver doctor Garson Romalis was shot in the leg. On November 10, 1995, Dr. Hugh Short of Ancaster, Ontario, was shot in the elbow. On November 11, 1997, Dr. Jack Fainman of Winnipeg was shot in the shoulder. On July 11, 2000, Dr. Garson Romalis was stabbed by an unidentified assailant in the lobby of his clinic. These incidents highlight the ongoing tensions and risks associated with providing abortion services in Canada.

Questions about Abortion in Canada

Is abortion legal in Canada?

Yes, abortion is legal in Canada at any stage of pregnancy and is not restricted by criminal law. This status was established by the Supreme Court of Canada's 1988 decision in R. v. Morgentaler. Abortion is now regulated as a medical procedure under provincial and territorial health care systems and is publicly funded for individuals with health insurance.

How much does an abortion cost in Canada?

For individuals covered by a provincial or territorial health insurance plan, both medication and procedural abortions are free. The Canada Health Act requires provinces to fund medically necessary hospital and physician services, which includes abortion. Costs may be incurred for individuals without health insurance, such as some international students or visitors. The federal government has committed to letting Americans from states that prohibit abortion obtain abortions in Canada, but they must pay for travel and the procedure themselves.

What was the Morgentaler case?

R. v. Morgentaler was a landmark 1988 Supreme Court of Canada case that decriminalized abortion. Dr. Henry Morgentaler challenged the constitutionality of the 1969 abortion law. The Court ruled, by a 5-2 margin, that the law violated Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees 'life, liberty and security of the person.' The Court found the procedural barriers created unfairness and infringed on a woman's right to security of the person, rendering the law unconstitutional.

How many abortions are performed in Canada each year?

According to data from the Canadian Institute for Health Information (CIHI), approximately 74,000 abortions were reported in Canada in 2020. This corresponds to a rate of 10.1 abortions per 1,000 women of childbearing age (15-44). These figures are an undercount, as they do not fully capture medical abortions performed using prescription drugs outside of hospital or clinic reporting systems. The rate has declined from a peak of 16.4 per 1,000 women in 1997.

Can you get an abortion after 20 weeks in Canada?

Yes, abortion remains legal after 20 weeks in Canada, as there are no criminal gestational limits. However, access to later-term abortions is extremely limited in practice. As of 2026, there are only three service locations in the entire country that offer abortion up to 23 weeks and 6 days. No jurisdiction offers abortion on request at 24 weeks and beyond, though exceptions may be made for serious medical complications. Individuals seeking later procedures often face significant challenges finding a provider.

What help is available to find abortion services in Canada?

Several provinces and territories operate confidential helplines to assist residents in connecting with abortion services. Examples include New Brunswick's Centralized Intake Line, Prince Edward Island's SHORS program line, Nova Scotia's ROSE Clinic line, and British Columbia's Pregnancy Options Line. The Northern Options for Women (NOW) program serves the territories. In Quebec, the Montreal Abortion Appointment Center assists people in the greater Montreal area. National organizations like Action Canada for Sexual Health & Rights also provide resources and referrals.

Sources and further reading

• Abortion in Canada (Wikipedia)
• Induced abortions in Canada (cihi.ca)
• Abortion Access Tracker (abortionaccesstracker.ca)
• Abortion Statistics in Canada (arcc-cdac.ca)

Checked by the Nosy Mag desk. Last updated 2026-10-31.