Saiwania wrote:Is there any possibility that abortion could be banned or restricted in all of Canada? How protected is in in their politics?
abortion is directly protected by Article 7 of the constitution of 1982
however, one could use article 32 to adopt a law that do not respect the articles 2, 7, 8, 9, 10, 11, 12, 13, 14 and 15, of the constitution of 1982, and such a law would be valid for a least 5 years.
It is possible to limit abortion procedure in Canada and such limit already exist. The court gave a small opening saying the government could limit the right to abortion as long as it does not affect the right to life, dignity of women. so i can't say its impossible. but I am certain limiting abortions in Canada will require the non-withstanding clause.
Also, Healthcare, (thanks to the constitution of 1867) is a provincial competence, meaning the federal government cannot legislate in that area at all. (the most they can do, is to try political nomination to supreme court, and I don't think those are possible. The last attempt failed because the nomminee was not longer of a member of the (Bareau du Québec), he was a federal judge, the government tried to place, but the attempt was judged inconstitutional.
So, abortion is not in danger in Canada, but it is possible to restrict (or outlaw) it.
