Lawless: Abortion Under Complete Decriminalization

Canada is the only country with complete decriminalization of abortion: no gestational duration limitations, no parental consent obligations, and no waiting periods. In recent years, other countries (New Zealand, Colombia, Uruguay, Mexico) have made strides toward this, while the United States has notoriously lost ground. Amidst the tumult, nurse and scholar Martha Paynter uses historical context and contemporary issues to explain why experts advocate against laws governing abortion.

Despite decriminalization, Canadian federal and provincial legislation and regulations about health funding, delivery, and human rights all shape how abortion care is delivered. Barriers persist in uneven access, unclear information, and belief-based denial of care. In accessible plain language from the expansive perspective of a clinician, researcher and activist, Paynter describes abortion policy, practice and experience and discusses how to resolve challenges that continue more than three decades after Canada became the world’s most legally progressive jurisdiction for abortion.

Dr. Martha Paynter has worked to advance abortion access in Canada for over 20 years. A writer, nurse and public scholar, she is recognized internationally for her expertise at the nexus of reproductive and prisoner health. She is an assistant professor at the University of New Brunswick Faculty of Nursing; director of nursing research for the Contraception and Abortion Research Team, a national network based out of the UBC Faculty of Medicine; affiliate scientist for the Reproductive Options and Services (ROSE) Clinic at Nova Scotia Health; member of the Dalhousie University Health Law and Justice Institute; and founder and past chair of Wellness Within: An Organization for Health and Justice, the only non-profit in Canada dedicated to advancing reproductive justice for people in prisons. In 2022, Fernwood Publishing released Paynter’s first book, Abortion to Abolition: Reproductive Health and Justice in Canada. She has published over 50 peer-reviewed articles and participated in 250 news media interviews. She works in close collaboration with community groups and lived experience experts to advocate for abortion access and prisoner rights. In 2017, Paynter received the 150th anniversary medal from the Senate of Canada for her volunteer service to the country.