A foundation to reaffirm our basic rights

The CBA Women Lawyers Forum is moving a resolution that asks the Canadian Bar Association to oppose any efforts to restrict abortion rights and access in Canada, and to commit to working with governments and other stakeholders to expand abortion access across the country. Members can sign up for the virtual AGM on February 8, 2024, and vote on the resolution.

The proposed resolution has two main goals. The first is to recognize the current state of Canadian law, which robustly protects the right to access abortion (whether procedural abortion, or medication abortion using pills). The second is to set the direction for future CBA advocacy. We want to ensure there is a firm basis in CBA policy for engaging with other stakeholders and advocating for expanded abortion access. We also want to be ready in the unlikely event that Canada's legal protection for abortion comes under threat.

The WLF has been talking about proposing a resolution like this for several years. Some of our members were reluctant because, as we all agree, abortion ought to be considered a normal part of people's reproductive lives — not a topic up for debate.

But without an existing resolution on abortion rights, it can be difficult to use our CBA platforms to advocate in this area. There has been a renewed sense of urgency for abortion advocacy since 2022, in the wake of the Supreme Court of the United States' decision in Dobbs v Jackson Women's Health Organization. It was challenging to issue our statement on the Dobbs decision without a pre-existing foundation on abortion rights advocacy in CBA policy.

We’re moving forward now because we realize that passing a resolution is how we create new CBA policy — and it’s also how we express our values as a CBA community.

We also want this resolution to help normalize conversations around abortion, within the legal profession and the community at large. As our proposed resolution states, abortion is an issue of gender equity. It is also a common event in people's reproductive lives. We shouldn't be scared to talk about it, or to put on paper our full-throated support for abortion access.

Put simply, the resolution is about being practical — not controversial. It was one meaningful tool in our toolbox to express our concerns and our values, and we expect this will be just the first in a series of resolutions devoted to reproductive justice issues.

For all of these reasons, we call on CBA members to register for the virtual AGM on February 8, 2024, and show up to vote in favour of the resolution. In the meantime, members can read the text of the resolution, along with the background materials, and join the discussion board.

The WLF is proud that the Access to Justice Subcommittee, the Sexual and Gender Diversity Alliance (SAGDA), and the Equality Subcommittee are co-sponsors.