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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Are there any criminal laws against abortion in Canada?

By Austin Tannenbaum
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NO

In 1988, Canada's legal requirement for women to get approval before receiving an abortion was ruled unconstitutional by Canada's Supreme Court, which stated that the provision increased health risks to women, depriving them of their constitutional right to "security of the person."

Since then, no abortion legislation — either restricting or codifying the medical procedure—has been passed in Canada.

While there are no Canadian laws criminalizing abortion, no providers in Canada will perform an abortion more than 23 weeks and six days into a pregnancy, according to Action Canada for Sexual Health and Rights.

Dozens of countries permit abortion on request, although all have gestational limits, even if, in rare cases, they're not codified in federal law.

This fact brief is responsive to conversations such as this one.
Sources
Cornell R. v. Morgentaler
CBC/Radio-Canada Canada has no abortion right law. Does it need one?
Action Canada for Sexual Health and Rights Access at a Glance: Abortion Services in Canada
Center for Reproductive Rights The World's Abortion Laws
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Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.