by Martha Paynter
Jan 18, 2021
On January 7, the Canadian Civil Liberties Association filed a lawsuit against the Higgs government in New Brunswick, challenging the constitutionality of the province’s restrictions to publicly-insured abortion services. Section 2.a.1 of Regulation 84-20 of the N.B. Medical Services Payment Act, enacted in 1984, states that abortion is “deemed not to be entitled services” for provincial payment unless it is provided in an approved hospital facility. Other services similarly banned from public payment include cosmetic surgery and breast augmentation. The regulation effectively excludes abortion care provided by Clinic 554, the former Morgentaler Clinic in Fredericton, from public coverage. The federal government has reprimanded New Brunswick for being the only province in the country that refuses to fund clinic-based abortion, a move that violates the Canada Health Act.
As a registered nurse working in abortion care and research, I recognize there are many potential advantages to going to a clinic for abortion care, such as a welcoming environment; more specialized staff; and reduced travel time, since many clinics also provide related services like ultrasounds and bloodwork collection. But in New Brunswick there are two additional, critical benefits.
Continued: https://briarpatchmagazine.com/articles/view/finally-new-brunswick-is-being-sued-for-unlawful-restrictions-on-abortion-access