The Canadian Civil Liberties Association has reportedly filed a lawsuit against the government of New Brunswick alleging the province illegally restricts access to abortions.
Global News Canada reports that the advocacy organization sent a letter to New Brunswick’s attorney general, along with the complaint, demanding that restrictions on abortion access be repealed. They allege that portions of New Brunswick’s medical payment laws conflict with the Canada Health Act.
N.B. Law Restricts Funding to Abortion Clinics
According to the abortion access lawsuit, New Brunswick’s Medical Services Payment Act regulation 84-20 impermissibly restricts provincial funds for abortions that take place outside of an approved hospital facility. Global News reports that, under the current law, provincial funds can only go to three hospitals, but cannot be sent to private clinics.
Indeed, at least one private clinic has reportedly had to shut its doors because of a lack of funding from the province. Clinic 554, an abortion provider in Fredericton, N.B., reportedly drastically reduced services this month due to financial constraints. The clinic director says that the lack of funding affects not only abortion services, but other medical care the clinic can provide as well.
“We’re still providing abortions,” Clinic 554’s medical director told reporters. “We’ve had to reduce services drastically over the last year. We are no longer providing transgender health. We are no longer providing routine family-practice care or addiction care.”
The owner of Clinic 554 told Global News that the closure of the clinic would result in 3,000 patients being put on a waitlist for services. Reportedly, the province stands out as the only one that does not fund abortions outside of hospitals.
Advocates Say Medical Payment Law Restricts Abortion Access
In its lawsuit, the CCLA alleges that New Brunswick’s medical payment law discriminates against women, girls, and transgender people seeking abortion services. Reportedly, according to Canada’s Federal Health Minister, many people in the province do not have access to an abortion provider because of the law.
“Women are not covered in specific regions of that particular province, so I have spoken with my counterpart … and we’ll continue those conversations,” the Federal Health Minister reportedly commented earlier this year regarding the issue. “We expect the province to come into compliance and ensure there is equity in access, in particular around abortion.”
According to the CCLA abortion access lawsuit, the N.B. medical payment restrictions on abortion funding is a constitutional issue.
“The courts were clear very long ago that women have a right to choose what happens with their bodies, and setting up barriers to abortion access is unconstitutional,” a CCLA representative told Global News reporters.
N.B. Premier Says Group Has Right to Legal Action
New Brunswick Premier Blaine Higgs has reportedly not yet responded to the abortion access lawsuit, but has stated that individuals have the right to file a lawsuit if they feel the province is not in compliance with the Canada Health Act.
In August of 2020, Higgs reportedly made the following statement to Global News:
“If someone feels that we are not following the rules, the Canada Health Act in this case, then they have every right to bring it to a legal matter, make it a legal matter and challenge it.”
However, Higgs reportedly campaigned on a promise not to change New Brunswick’s medical payment regulations, maintaining that they complied with the Canada Health Act.
According to The Brunswickan, the CCLA expects the lawsuit to proceed to court. A representative told the Global News that the group expects to win.
“There’s no justification for fighting it,” the director of the CCLA told reporters. “It will just cost them money. It’s not a fight they can win, and it’s an injustice that must be fixed.”
What do you think about New Brunswick’s abortion access regulations? Have you been affected by these restrictions? Tell us what happened in the comment section below!
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