INTRODUCTION AND BRIEF DESCRIPTION
Subsection 287(7) clarifies that obtaining any required authorization or consent is still necessary when carrying out an intention to procure the miscarriage of a female, despite what is stated in subsection (4).
SECTION WORDING
287(7) Nothing in subsection (4) shall be construed as making unnecessary the obtaining of any authorization or consent that is or may be required, otherwise than under this Act, before any means are used for the purpose of carrying out an intention to procure the miscarriage of a female person.
EXPLANATION
Section 287(7) of the Criminal Code of Canada is a provision that sets out the requirements for obtaining authorization or consent before any means are used to carry out an intention to procure a miscarriage of a female person. This section is an important provision for ensuring that women's reproductive rights are protected in Canada. The section is referring to subsection (4) of Section 287, which outlines the legal requirements for obtaining an abortion in Canada. Subsection (4) states that a person who performs an abortion on a woman must first obtain her informed consent, and that the abortion must be performed in accordance with the regulations under the Canada Health Act. However, Section 287(7) adds an extra layer of protection by stipulating that obtaining the necessary authorization or consent for an abortion is not solely the responsibility of the person performing the abortion. Any additional authorizations or consents required by other laws or regulations must still be obtained before any means are used to carry out the abortion. This means that before a medical professional can perform an abortion, they must ensure that all required legal and regulatory requirements have been met. For example, if there are age restrictions on obtaining abortions, the medical professional must ensure that the patient is of legal age, or obtain parental consent if required by law. In summary, Section 287(7) of the Criminal Code of Canada is a provision that reinforces the Canadian government's commitment to ensuring that women's reproductive rights are protected. It requires that all legal and regulatory requirements be met before any means are used to carry out an abortion, which helps to safeguard women's health and well-being.
COMMENTARY
Section 287(7) of the Criminal Code of Canada is an important provision relating to the procurement of miscarriage or abortion of a female person. This provision states that nothing in subsection (4) shall be interpreted as negating the need to obtain any authorization or consent required under any other law or regulation before using any means to carry out the intention to procure the miscarriage of a female person. This provision recognizes the importance of obtaining the necessary authorization or consent before carrying out the procedure. The provision aims to ensure that women have access to safe and legal abortions and that they are not subjected to any harm during the process. The provision also recognizes the importance of obtaining consent from the female person before carrying out the procedure. The provision does not negate the requirement for physicians to obtain informed consent from the female person before the abortion takes place. This informed consent process is a critical part of the overall process of obtaining authorization or consent before the procedure is carried out. The section recognizes that there may be other laws or regulations governing the procurement of abortions, and these laws and regulations need to be followed along with the provisions set out in the Criminal Code. This recognizes the importance of ensuring that the procedures are carried out in accordance with all applicable laws and regulations. Furthermore, it is important to understand that abortion laws vary from province to province in Canada. Despite the legality of abortion in Canada, some provinces have laws, such as mandatory waiting periods or parental consent laws, that restrict access to abortions. Section 287(7) does not address provincial abortion laws and regulations, but it does require that any authorization or consent required by such laws must be obtained before the procedure is carried out. The provision recognizes that every female person has the right to make decisions about her body and reproductive health. It acknowledges that the decision to procure a miscarriage or abortion is a personal one that should not be taken lightly, and emphasizes the importance of obtaining the necessary authorization or consent before carrying out the procedure. In conclusion, Section 287(7) of the Criminal Code of Canada is an essential provision that recognizes the importance of obtaining authorization or consent before carrying out procedures related to the procurement of miscarriage or abortion of a female person. It acknowledges the need to follow all applicable laws and regulations and emphasizes the critical role of obtaining informed consent from the female person before the procedure takes place. This provision is vital for ensuring that women have access to safe and legal abortions while also recognizing the importance of protecting the health and well-being of the female person.
STRATEGY
Section 287(7) of the Criminal Code of Canada poses a significant challenge for those seeking to provide reproductive healthcare, particularly abortion services. The provision specifies that nothing in subsection (4), which outlines the conditions in which medical professionals may perform abortions, shall be interpreted as revoking any other legal requirements for obtaining consent or authorization for the procedure. This means that even if a medical professional has satisfied the criteria outlined in subsection (4), they may still be subject to criminal charges if they have not obtained all the necessary legal permissions and approvals. In this essay, we will explore some of the strategic considerations that medical professionals and advocacy groups must take into account when dealing with this provision and suggest some strategies that could be employed to mitigate its negative impacts. The first strategic consideration to be aware of is the patchwork of abortion laws and regulations across Canada and the different interpretations of consent and authorization that may apply. While the Criminal Code provides a national standard for when and how abortions may be performed, individual provinces and territories may still regulate aspects of the provision of abortion services, from who can perform them to how far into a pregnancy they may be offered. This means that medical professionals and advocacy groups must be aware of and compliant with the various laws and regulations in their particular jurisdiction and have a clear understanding of what constitutes legal consent and authorization in those areas. One strategy to address these legal complexities is to work with lawyers and legal experts who are knowledgeable about reproductive rights and healthcare laws in the relevant jurisdiction. These legal experts can assist with ensuring that medical professionals are complying with all the necessary legal requirements for providing abortions and can help develop protocols for obtaining consent and authorization in a way that is legally defensible. Additionally, advocacy groups can work to strengthen the reproductive rights and healthcare laws in their province or territory by engaging with policymakers, working to change regulations, and lobbying for new legislation that aligns with best practices in reproductive healthcare. Another strategic consideration to be aware of is the potential for anti-choice groups to use Section 287(7) to harass and intimidate providers of abortion services. By insisting that all necessary legal permissions have been obtained, anti-choice groups may hope to create a chilling effect on reproductive healthcare providers, making them hesitant to offer these services for fear of legal repercussions. Given the longstanding history of violence and intimidation against abortion providers in Canada and elsewhere, this is a real concern. One strategy to counteract this kind of harassment is for advocacy groups to work to destigmatize abortion and reproductive healthcare more generally. By engaging in public education campaigns, sharing stories of individuals who have obtained abortions, and promoting a message of reproductive justice, groups can help to normalise these services and make them less vulnerable to attack. Additionally, medical professionals and advocacy groups can work together to form networks and alliances that can provide support, legal assistance, and advocacy in the face of anti-choice harassment. Finally, another strategic consideration to be aware of is the impact that Section 287(7) may have on vulnerable populations who may face additional obstacles in obtaining legal consent and authorization for abortion services. For instance, young people, those with disabilities, and those who face economic or social barriers may find it more difficult to navigate the legal system and obtain approval for the procedure. One strategy to address this issue is to work to expand access to abortion services and make the process of obtaining consent and authorization more accessible and streamlined. This might include expanding access to free or low-cost legal services or developing alternative mechanisms for obtaining consent and authorization, such as through telemedicine, which may be more accessible to those in remote or isolated communities. In conclusion, Section 287(7) of the Criminal Code of Canada presents a significant challenge for those seeking to provide reproductive healthcare services, particularly abortion services. By working with legal experts, destigmatizing abortion, building networks of support and advocacy, and expanding access to services, medical professionals and advocacy groups can help to reduce the negative impacts of this provision and ensure that individuals are able to access the care they need.