Why is this CAQ minister so determined to draft an abortion law nobody wants?

Martine Biron, Quebec's minister responsible for the status of women, announced to the surprise of many in April that she wanted to enshrine in law a woman's right to abortion in Quebec.

The idea was surprising for many reasons.

The CAQ government never campaigned on it and had never before mentioned it. 

Nobody was publicly asking for it, and there was a broad-based consensus among women's groups, legal and health experts that such legislation was not only unnecessary but potentially harmful.

Indeed, Prime Minister Justin Trudeau raised and then quickly abandoned a similar idea last year, after warnings from abortion rights advocates about the possible pitfalls.

Biron is curiously sticking to her guns, however, saying last week that she's still looking into the idea, despite the same warnings from the same abortion rights advocates, many of whom are baffled by her position.

"We all agree that we don't want this debate to be open, because we are afraid women will lose," Diane Francoeur, CEO of the Society of Obstetricians and Gynaecologists of Canada, told CBC in an interview.

"This question is not challenged in the province of Quebec. Polls show that people consider that abortion is a personal decision that only women can decide for themselves," Université Laval law Prof. Louise Langevin said in an interview on CBC's Daybreak. 

"So why discuss something that doesn't really need to be discussed?" Langevin said.

'Sacred principle'

What exactly Biron is proposing isn't entirely clear. 

When she announced the idea in April, Biron said she didn't want a detailed legislative framework governing the parameters for access to abortion, but rather something that would affirm the principle of access in Quebec, which she described as "sacred."

This could include something like adding a line to the Quebec Charter of Human Rights and Freedoms, guaranteeing abortion as a right.

Last week, Biron told reporters at the National Assembly that she was still interested in the idea and that her objective was "clear and precise."

"What I want is to send a very clear signal that women's right to choose is non-negotiable," she said. But she said she was still consulting with experts and groups and hadn't yet decided if a change in law was necessary. 

She said she would make a final decision by the fall.

No legal restriction exists, experts say

Legal experts say even though Canada has no specific law on abortion, no further legislation is required to protect access.

"In Quebec right now we have no limitation at all. There's no legal restriction whatsoever," Julia Tétreault-Provencher, a Quebec lawyer specializing in sexual and reproductive rights, told CBC in an interview.

"The current state of the law adequately protects the right of women to choose abortion, and there is not, contrary to some popular beliefs, a 'legal vacuum' on this subject,"  the Quebec Bar Association said in a statement emailed to CBC.

"The Supreme Court of Canada has decided in four major decisions that women have their reproductive autonomy," Langevin said.

"This is based on the right to privacy and the right to security of the person," she said, " and we can also make an argument with the right to equality."

"Those rights are protected in the Canadian Human Rights charter. So it's already protected."

Fodder for anti-abortion groups, some fear

Not only do the experts say legislation is unnecessary, they say it could do more harm than good.

Many worry that opening up an unnecessary public debate will simply galvanize the anti-abortion movement.

"The law will be attacked in court by anti-abortion groups, and this whole process might take many years, even going to the Supreme Court of Canada. This means that there will be discussions — discussions in the public arena," Langevin said.

"The movement against abortion could get solidified after something like that gets passed. They could get really motivated," said Véronique Pronovost, a doctoral student in sociology at the Université du Québec à Montréal.

"It will give grist to the mill to the anti-choice movement," said Amélie Robert, co-ordinator for abortion and contraception projects at the Fédération du Québec pour le planning des naissances.

Advocates also worry a law enshrining access to abortion could actually have the opposite effect.

"As soon as you have a law, there's danger that it can be amended," Tétreault-Provencher said.

"Another government could arrive and decide to get more restrictive," Pronovost said.

"Any new legislation or legislative amendment to specifically reaffirm the right to abortion involves risks, the main one being to open the door to possible limitations to this right," the Quebec Bar Association said.

"The right to abortion, once enshrined in law, could be limited, for example, by limiting this right to the first trimester of pregnancy, or by applying restrictions, conditions or constraints for so-called 'late' abortions," the association said.

"So will women be more protected at the end, or will they lose something?" Langevin asked.

All the experts CBC spoke to said the status quo is the safest bet.

"This consensus about not having a law regarding abortion rights has been in place for over 40 years," Pronovost said.

Some groups 'excited' by idea: Biron

Groups that have already met Biron said they've stressed all these points, but it's not clear the message is getting through.

"We had a meeting with the minister. We explained to her our concerns. She seemed surprised at our position," Robert said.

"There are people who have reservations, then there are people who are excited, completely excited, and want us to move forward," Biron said last week.

But she wouldn't say which groups were excited about her idea.

"I have been talking to a lot of people — pro-choice groups, medical groups, legal groups — and I didn't hear anyone support the idea," Pronovost said. "I'm just wondering who these people are."

"The irony is that in Canada, the people who ask for a law are anti-choice groups — precisely the people who want to restrict the right to abortion," Robert said.

Calls to improve abortion, contraception access 

All the  experts CBC spoke to said they don't doubt Biron's good intentions.

But most said that if the minister really wants to help women who need abortions, she should focus on improving access to existing services.

Robert said there are four regions in Quebec — the Outaouais, Quebec City, Chaudière-Appalaches and Nunavik — where there's only one place where women can access abortion services. In Quebec City, the wait to see a doctor for an abortion can be five weeks, said Langevin.

"For women who live in remote areas, the services are not always available,"  Francoeur said.

Robert said groups that provide counselling and advice to women seeking abortions could use more government support.

"These groups are downright underfunded; they are so short of finances," she said.

"It just takes forever before young girls and adolescents can find the how it works and who to call and where to to go," Francoeur said.

Langevin said women need better access to the abortion pill. Robert suggested if the minister wants to be bold, she should offer free access to contraception across the province.

Biron refused an interview request from CBC, but her office sent a short statement by text message.

"We will continue our meetings in August with the groups concerned. These are very enriching meetings for the Minister and her team," the statement said.