New Brunswick Abortion Funding Case

(The Court of the Queen’s Bench of New Brunswick)

Status: ✅ ARPA was granted intervener status in December 2021.

Background: New Brunswick has never funded abortions performed at private clinics (they do fund abortions performed at hospitals). The Canadian Civil Liberties Association is challenging the regulation that excludes private abortion from public funding arguing it is unconstitutional and specifically that it violates section 7 (life, liberty and security of the person) and section 15 (equality) of the Charter.

Our Argument: ARPA Canada wants to argue that abortion is not a Charter right by looking at the history of abortion related cases. We will also argue that the provinces have the authority to determine how to allocate resources for healthcare and the Canada Health Act does not interfere with that jurisdiction.

You can read more about the legal issues here and the case here.

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