A Constitutional Future for Abortion Rights in Canada

  • Joanna N Erdman MacBain Chair in Health Law and Policy, Assistant Professor, Schulich School of Law, Dalhousie University.


In 2015, Abortion Access Now PEI legally challenged the restrictive abortion policy of Prince Edward Island. This article studies their challenge as a unique case in the building of a constitutional future for abortion rights in Canada. The article tracks how AAN PEI drew on classic rule of law arguments of transparency, accountability, and constitutional justice to shape and claim abortion rights as democratic rights, an entitlement to fully and equally participate in and benefit from the health care system as a fundamental social institution of the state.