Threats to the right to abortion and the autonomy of pregnant women

Following a brief historical retrospective on the criminalization of abortion in Canada, the author presents various private bills dealing in one way or another with the right to an abortion, in particular Bill C-484 on fetal homicide, in order to assess their implications in Canadian law and for women's autonomy during pregnancy. These bills form part of a strategy set forth by abortion opponents whose purpose is essentially to introduce in Canadian law a fetal right to life and security and to call into question whether women have free choice in this matter. Thereafter follows a discussion on the instrumentalization of criminal law in an effort to gain social control over ethical issues. The text terminates with a reflection on the interest of the State in the protection of fetuses. The author maintains that any action on the part of the State must be compatible with women's constitutional rights, namely their right to life, good health and freedom.