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Originally Posted by CorsiHockeyLeague
That is not correct. We have a legal right to abortion, derived from the right to life, liberty and security of the person, enshrined in Section 7 of the Charter of Rights and Freedoms. It's not that there's a failure to prohibit abortion, it's illegal to prohibit abortion - the government had a criminal law on the books, and that law was struck down.
https://scc-csc.lexum.com/scc-csc/sc...m/288/index.do
That's my point - if this is the reason you're against an abortion prohibition, the implication is that if the "back alley abortions problem" could, practically, be solved so that it doesn't offset the lives saved, you would then be fine with a prohibition on abortion. You're entitled to that view, but I don't think it's a view held by most pro-choice people.
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I'm not a lawyer, but I read the link you posted (thanks!) and it doesn't seem like they enshrined abortion access as an inalienable charter right to me. They struck down the specific prohibition, which has never been replaced since. The following supports this position:
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However, it is possible that a future enactment by Parliament that would require a higher degree of danger to health in the latter months of pregnancy, as opposed to the early months, for an abortion to be lawful, could achieve a proportionality which would be acceptable under s. 1 of the Charter .
Given the conclusion that s. 251 contains rules unnecessary to the protection of the foetus, the question as to whether a foetus is included in the word "everyone" in s. 7 , so as to have a right to "life, liberty and security of the person" under the Charter , need not be decided.
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I generally agree with your second paragraph, and acknowledge that is not a mainstream pro-choice position. I think that is relatively unlikely to occur, as I can't think of an example where prohibiting something previously allowed has gone well, so I think that's a hypothetical without much practical application. Like prohibition of alcohol in the 20s, I'd expect prohibition of abortion to come with all sorts of issues, and that is primarily why I'm opposed.