24 Abortion Rights Coalition of Canada July 2024 Efficacy of the Canada Health Act in Protecting Reproductive Justice Page 2 Introduction The Canada Health Act (CHA or the Act) is Canada’s federal legislation for publicly funded health care insurance.1 The Act sets out the primary objective of Canadian health care policy as a whole, namely to “protect, promote and restore the physical and mental w. [...] Abortion Rights Coalition of Canada July 2024 Efficacy of the Canada Health Act in Protecting Reproductive Justice Page 9 R v Morgentaler (1988) and New Brunswick’s Response In 1988, the Supreme Court of Canada decriminalized abortion, as the law prohibiting it was deemed to be unconstitutional, infringing women’s right to life, liberty, and security of the person as guaranteed by section 7 of the. [...] This was initiated with a formal demand letter on October 14, 2020, written to give the government the opportunity to repeal the laws unjustly limiting abortion access in New Brunswick.94 The letter argued that the existing statutory framework violates the Canadian Charter of Rights and Freedoms, as Section 2(a.1) of Regulation 84-20 of the Medical Services Payment Act limits the coverage of abort. [...] Abortion Rights Coalition of Canada July 2024 Efficacy of the Canada Health Act in Protecting Reproductive Justice Page 23 care system through the Canada Health Act; and provide financial support to the provinces.196 Provincial and territorial health insurance plans must meet the standards set out by the Canada Health Act in order to receive full federal funding.197 Aside from withholding funding. [...] Abortion Rights Coalition of Canada July 2024 Efficacy of the Canada Health Act in Protecting Reproductive Justice Page 25 Table of Contents Introduction Terminology Abortion Funding Under the Canada Health Act Five Principles of the Canada Health Act and Abortion Services Comprehensiveness Universality Portability Accessibility Public Administration Abortion in New Brunswick History of Abortion A.
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Table of Contents
- Table of Contents 2
- Introduction 3
- Terminology 4
- Abortion Funding Under the Canada Health Act 4
- Five Principles of the Canada Health Act and Abortion Services 6
- Comprehensiveness 6
- Universality 6
- Portability 8
- Accessibility 8
- Public Administration 9
- Abortion in New Brunswick 9
- History of Abortion Access in New Brunswick 9
- Prior to R v Morgentaler (1988) 9
- R v Morgentaler (1988) and New Brunswick’s Response 10
- Morgentaler v New Brunswick (A.G.) (1989) 10
- Morgentaler v New Brunswick (A.G.) (1994) 10
- Morgentaler Clinic Opens (1994) 11
- Morgentaler v New Brunswick (NB: 2009) 12
- Abortion Access in New Brunswick Today 12
- Where are Surgical Abortions Provided? 12
- Current Lawsuit 13
- Abortion Access and Compliance with Canada Health Act in Other Provinces 14
- Nova Scotia 14
- Prince Edward Island 15
- Newfoundland and Labrador 16
- Quebec 16
- Manitoba 17
- Saskatchewan 17
- Alberta 18
- Ontario 18
- British Columbia 19
- Nunavut 20
- Northwest Territories 20
- Yukon 21
- Lack of Access to Reproductive Care for Marginalized Populations 21
- Political Dynamics, Conservatism, and Stigma 22
- Conclusion 24