Overview

Canada is currently one of the few countries in the world that does not place any legal restrictions on abortion. In 1969, during former Canadian Prime Minister Pierre Trudeau’s Liberal administration, a law was introduced legalizing abortion in Canada as long as a committee of doctors signed off that it was necessary for the physical or mental well-being of the mother. However, in 1988, the Supreme Court of Canada, in R v Morgentaler, ruled that the 1969 law was unconstitutional on the grounds that it violated a woman’s right to security of person. Despite there being no federal restrictions, provincial laws vary and pro-choice supports say access for abortion remains difficult for Canadian women in rural or remote communities. Since December 2012, Health Canada has debated whether or not to approve RU-486 and, as of January 2015, continues to push back the decision to legalize the drug. Liberal leaders in Canada continue to fight for pro-choice laws. In 2004, Canada passed the Assisted Human Reproduction Act, designed to regulate human reproduction and related research. The Act is one of the most comprehensive legislation pieces in the world regarding reproductive technologies, but the Canadian Supreme Court in 2010 ruled that certain sections of the Act exceeded the federal government’s legislative power and were deemed unconstitutional. Many argue the Act also indirectly helped create a quasi-black market for assisted reproduction in Canada, and is still driving many parents to go outside of Canada for assisted reproduction. For instance, federal law makes it a criminal offence to buy sperms or eggs from a donor in Canada, but it is legal for Canadians to buy eggs and sperm from the US. Moreover, fertility services in most provinces have very little, if any, oversight and quality of the clinics greatly varies. Despite the current shortcomings in the law, egg and sperm donation is permissible and IVF surrogacy agreements are enforceable in Canada. While advance directives are enforceable, and a physician is required to respect a patient’s refusal of life-sustaining treatment in Canada, euthanasia is considered murder in Canadian criminal code and is thus illegal. In February 2015, however, the Supreme Court of Canada, in Carter v Carter, struck down Canadian law prohibiting assisted suicide, giving Canadian adults who are mentally competent and suffering intolerably and enduringly the right to a doctor’s help in dying. This decision will not be in effective until 2016. Furthermore, many sources note that passive euthanasia is practiced by doctors in Canada. Canada permits research on discarded embryos from IVF procedures but prohibits the creation of human embryos for research. In 2010, guidelines were issued for human stem cell research, saying the embryos must have originally been created for reproductive purposes, the persons from whom the embryos were created must provide free and informed consent for the unrestricted research of the embryos created, and the embryo must not have been obtained through commercial transactions. FURTHER READINGS: http://www.cbc.ca/news/politics/3-things-to-know-about-abortion-in-canada-1.2635269 http://www.theglobeandmail.com/life/health-and-fitness/health/we-need-to-talk-about-assisted-reproduction-in-canada/article22988791/ http://www.parl.gc.ca/Content/LOP/ResearchPublications/2010-68-e.htm http://stemcellfoundation.ca/en/
Aabortion

Abortion

93 pts out of 100 / 100,00% complete

93 pts

Abortion and contraception allow women to express their freedom of reproduction by exercising their right of self-determination over their bodies.


Measurement questions

Is abortion lawful to protect woman's life?

Yes

Is abortion lawful to protect woman's physical health?

Yes

Is abortion lawful to protect woman's mental health?

Yes

Is abortion lawful in the event the woman was raped?

Yes

Is abortion lawful in the event of fetal defects?

Yes

Does the law mandate that an abortion is performed at the mere request of a pregnant woman?

Yes

Is RU-486 (Mifepristone) approved or registered for use?

Yes and it is available with prescription

Are emergency contraception drugs lawfully available?

Yes, over the counter

Are family planning services provided through government-run programs and facilities?

Yes, indirectly

Is spousal notification/permission required?

No

Assisted reproduction

Assisted Reproduction

82 pts out of 100 / 100,00% complete

82 pts

Assisted reproductive technologies (ARTs) are the methods used to achieve pregnancy by artificial or partially artificial means. Access to assisted reproduction concerns our ability to expand our right to health by offering us access to treatment to overcome infertility.


Measurement questions

Is preimplantation genetic diagnosis permissible?

Not mentioned

Is oocyte cryopreservation permissible?

Not prohibited but used

Is embryo cryopreservation permissible for reproductive purposes?

Yes

Is sperm donation permissible?

Yes

Is oocyte donation permissible?

Yes

Are IVF surrogacy agreements enforceable?

Yes, commercial and not

Marital status requirements?

No

Do same-sex couples have access to ART?

Yes

Do single women have access to ART?

Yes

Are there any limits on the number of pre-embryos that can be transferred?

No

End Off Life

End of life

80 pts out of 100 / 100,00% complete

80 pts

End of life decisions concern our ability to make choices concerning the end of our lives and take of the form of refusal of life sustaining treatment, being help in committing suicide, choosing euthanasia, and make choices that must be upheld even when the person becomes unconscious. As Young (2010) noted, "People have an interest in making important decisions about their lives in accordance with their own conception of how they want their lives to go."


Measurement questions

Is passive euthanasia lawful?

Yes

Is active euthanasia lawful?

Yes

Is physician-assisted suicide lawful?

Legally prohibited

Are advance directives (AD) enforceable?

Yes

Is a physician required to respect a patient's refusal of life-sustaining treatment?

Yes

Research With Embryo

Research with embryos

38 pts out of 100 / 100,00% complete

38 pts

Research with embryos and pre-embryos as well as therapeutic cloning concerns scientists’ freedom to investigate human biology as well as patients’ freedom to access regenerative medicine treatments that may be developed as a result of research with human embryonic stem cells. Since the early 2000s, research with embryos has been at the center of an often-polarized debate about the nature and scope of scientific freedom.


Measurement questions

Is basic research using germline modification in human embryos/gametes permitted?

Only permitted on supernumerary embryos

Is pre-clinical research using germline modification technologies in animals permitted?

Yes

Is clinical research using germline modification technologies in humans permitted?

No

Are clinical applications of research using germline modification technologies (i.e., to initiate a pregnancy with edited embryos or with edited gametes) permitted?

No

GM Crops

GM Crops

85 pts out of 100 / 100,00% complete

85 pts

GM crops have contributed significantly to modern agriculture. Plant breeding using genetic modification techniques has led to improving crops in more targeted ways than classical breeding techniques. GM crops acquire desirable characteristics, including pest and herbicide resistance, enhanced robustness against diseases, drought or water tolerance, and healthier profiles that can enhance nutrition.


Measurement questions

Is research on GMOs permitted in the laboratories?

Yes

Is notification to start research on GMOs in laboratories required?

No

Is research on GMOs frequent?

Yes

Are GM crop field trials (the limited release into the environment for research purposes) permitted?

Yes

Is authorization to start a GM crop field trial required?

Yes/prohibited

Are GM crop field trials frequent?

Yes

Is cultivation of GM crops (for commercial purposes) in open field permitted?

Yes

Is authorization to start open field cultivation of GM crops required?

Yes/prohibited

Is open field cultivation of GM crops frequent?

Yes

Can GM crop commodities harvested in other countries be imported?

Yes

Is authorization to import GM crop commodities required?

Yes/prohibited

Is the import of GM crop commoties frequent?

Yes

Right To Science Indicators

Right To Science Indicators


Measurement questions

- Access to benefits

What is the total general government expenditure on education?

12.22

What is the expenditure on tertiary as % of government expenditure on education?

35.6

What is the the percentage of population ages 25 and over that attained or completed a doctoral degree or equivalent?

What is the percentage of population that uses the Internet?

89.84

What is the quality of math and science education on a scale from 1 to 7 being "excellent"?

5.3

To what extent is the Internet used in schools for learning purposes?

5.8

What is the scientific literacy of 15-year-old students as measured by the Programme for International Student Assessment (PISA)(mean score)?

528

- Opportunities to participate

Does the law mandate nondiscrimination based on gender in hiring?

No

What is the percentage of females employed with advanced degrees out of total employed?

50.2

- Enabling environment

How many scientific and technical journal articles are published each year in physics, biology, chemistry, mathematics, clinical medicine, biomedical research, engineering and technology, and earth and space sciences?

57355.8

What is the percentage of GDP allocated to Research and Development?

1.62

How may published articles have received at least H citations in the period 1996–2014?

77.8

What is the quality of scientific research institutions?

5.7

To what extent do business and universities collaborate on research and development (R&D)?

4.6

What is the average university ranking score of countries based on their top 3 universities?

82

To what extent are scientists and engineers available?

5.4

How many professionals are employed as researchers?

9

How many professionals are employed by government as researchers?

5.7

- International cooperation

To what extent are talented people attracted from abroad?

5.2

Recent News about Canada

Canadian surgeons harvesting organs from euthanised patients

Taking advantage of the country’s new law, Canadian transplant surgeons have harvested organs from dozens of euthanasia patients. According to the National Post, 26 people in Ontario who died by lethal injection have donated tissue or organs. This involved mostly corneas, skin, heart valves, bones and tendons. The National Post’s report only covered Ontario. Bioethicists,

Ontario doctors back out of euthanasia

Some Canadian doctors who agreed to carry out euthanasia have withdrawn their names only months after legalisation, according to the National Post. “I can’t tell you how many, but I can tell you that it’s enough that it’s been noted at a systemic level,” says Dr Jeff Blackmer, of the Canadian Medical Association. The figures

Justin Trudeau Elbows Lawmaker in Parliamentary Quarrel in Canada

Prime Minister Justin Trudeau of Canada apologized repeatedly to the House of Commons after some jostling on its floor, in which he was accused of manhandling a Conservative member of Parliament and elbowing a female legislator. Mr. Trudeau had grown visibly irritated as the opposition Conservative and New Democratic parties tried to stall a vote

Quebec Surrogacy Contracts May Soon Be Recognized

The Canadian Press   Quebec is slowly but surely moving toward officially recognizing contracts drawn up between surrogate mothers and couples looking to conceive. If it happens, it could mean the dawning of a small revolution in family law in the province. Born to surrogate, child has no legal mother, Quebec judge rules Quebec to

Supreme Court Overrules Rodriguez; Physician-Assisted Suicide Legal In Canada

McCarthy Tétrault LLP ​Byron Shaw   Physician-assisted death is permissible in Canada, for competent adults who: (1) clearly consent to the termination of life; and (2) have a grievous and irremediable medical condition that causes enduring suffering that is intolerable to the individual in the circumstances of their condition. In Carter v. Canada (Attorney General), a unanimous