CCLA Welcomes Amendments to Regulations That Remove Legal Barriers to Abortion Care Access

Harini Sivalingam, Director of the Equality Program of the Canadian Civil Liberties Association, made the following statement in reaction to the Premier’s announcement to amend Regulation 84-20 to remove restrictions on abortion access in New Brunswick:

The Canadian Civil Liberties Association welcomes the announcement by the Premier-of New Brunswick to amend Regulation 84-20 by removing abortion from the restricted services. This means that for the first time in New Brunswick, surgical abortions performed outside of hospitals will be covered by the provincial healthcare plan.

In 2021 the CCLA launched a legal challenge to restrictions under Regulation 84-20 of the Medical Services Payments Act that prohibit funding of abortion care outside of hospital settings, deeming clinical abortions to be non-essential services. CCLA argued that these restrictions violate the Loi canadienne sur la santé et Charte rights to liberty, security, privacy and equality.

Since 1988, these Regulations have imposed significant barriers, including financial, location, privacy and logistical barriers, to New Brunswick residents’ receiving medically necessary health care services. The decades of harms resulting from the lack of equitable access to abortion care disproportionately impacted the most marginalized and vulnerable New Brunswickers, who face the greatest barriers in accessing abortion care. The challenges to access also result in serious physical and psychological stress.

We are pleased that this government has prioritized amending the Regulation as the first official act of Cabinet. The CCLA strongly supports this and commends the government for its prompt action. However, the CCLA also hopes that the government will actively encourage providers to set up facilities outside of hospitals so that women and gender diverse people have full access to equitable reproductive health care services in New Brunswick.

This significant victory could not have been realized without the dedicated and committed advocates across New Brunswick who have championed for reproductive justice for decades.

The CCLA will always work towards advancing and protecting the reproductive rights and equality rights of all people in Canada.

L'ACLC est reconnaissante pour l'excellent pro bono legal services of Andrew Bernstein, Gillian Dingle, Emily Sherkey and Alex Bogach, of Torys LLP in this case.