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Is Parental Consent Under Provincial Jurisdiction?

It is lamentable that most conversations even remotely connected to abortion or the rights of children before birth are dominated by rhetoric. This rhetoric is not limited to only community or media conversations, but regrettably even dominates the expressions of legislators. What we mean is this - often when there is public discussion  about Canada’s federal elected lawmakers legislating on - it is dismissed because it is deemed to be a provincial issue - as they say it deals with health care. Likewise, when it is discussed at the provincial level the desire often is to pass it off as a federal issue - because there is a criminal component - and thus it never is dealt with.

Fortunately, the Constitution Act (1867) lays out the division of powers between federal and provincial governments. Section 92 (16) confers on Provincial Legislatures the power to make laws in relation to “all matters of merely local or private nature in the province.” Similarly, paragraph 7 of that same section of the Constitution Act authorizes provinces to make laws in relation to “the establishment, maintenance, and management of hospitals, charities, etc.” This specifically authorizes the provinces to establish and regulate hospitals, and to regulate hospital-based health care services.

 

A parental consent for abortion act is something which clearly falls under provincial jurisdiction.

Parental consent for abortion legislation will not prevent women from requesting and receiving an abortion.  It will not stop abortion from occurring. It will not make abortion illegal.

Rather, parental consent for abortion, drafted to withstand the test of constitutionality, will protect the health and welfare of minors, as well as foster family unity and protect the constitutional rights of parents to raise their children and be involved in the steps of that process. With the loving support of their parents, many young women will be able to bring their babies into the world and not face the physical risks and emotional devastation that an abortion can bring.

This public awareness campaign is a joint effort between Saskatchewan Pro-Life Association and WeNeedaLAW.ca. For more information please contact us here.

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