Pressure mounts on Quebec justice minister to backtrack on enshrining abortion rights

QUÉBEC – Pressure is mounting on Quebec’s justice minister to formally abandon plans to enshrine abortion rights in the government’s proposed constitution, with critics saying the province risks opening the door to legal challenges from anti-abortion groups.

Consultations on the constitution bill ended this week, with opposition parties noting that the section on abortion was roundly criticized.

The Supreme Court of Canada decriminalized abortion in 1988. But since then the federal government has not adopted a legal framework governing abortion, which is instead treated in the country as a health-care service.

Legal experts and women’s rights groups have warned the Quebec government against legislating on abortion, saying doing so would give anti-abortion groups an opportunity to challenge the provision in court and restrict abortion access. They contend that abortion is adequately protected by the Charter and case law. The government should instead focus on improving abortion access, they say.

The issue led to a testy exchange at the legislature on Thursday as Justice Minister Simon Jolin-Barrette said during question period he had heard the concerns about the section on abortion — but he did not indicate whether he would change the bill.

Jolin-Barrette noted significant setbacks to women’s rights in the Western world in recent years, such the Supreme Court of the United States overturning Roe v. Wade — the ruling that had, for decades, guaranteed a woman’s right to get an abortion. He said didn’t want to see women’s rights eroded in Quebec.

In response, Christine Labrie of Québec solidaire said, “When you don’t have a uterus, you should exercise some restraint before telling women what is good for them to protect abortion.”

“No women’s group, no doctor, no lawyer supports the minister of justice in enshrining the right to abortion in law … everyone maintains that abortion is already protected by our charters and jurisprudence as a health service.”

The Coalition Avenir Québec has introduced a bill that would create a Quebec constitution, designed to codify what the government considers common values such as secularism and equality between men and women. The bill includes an article that says, “the state protects women’s freedom to have recourse to a voluntary termination of pregnancy.”

Liberal member Brigitte Garceau said the government’s bill risks giving fuel to anti-abortion groups. “Women’s reproductive autonomy belongs to women, not the minister of justice,” Garceau told a news conference.

Members of the CAQ, however, suggested that Jolin-Barrette would likely be changing the legislation.

“He’s a good listener, and I’ll let Simon make his announcement,” Bernard Drainville, CAQ member and party leadership candidate, told reporters outside the national assembly on Thursday. “I’m very comfortable with the position he’s going to announce.”

On Wednesday, the other candidate in the leadership race, Christine Fréchette, said if she elected to replace Premier François Legault, she would consider withdrawing the controversial article.

“I see that there’s no support from women’s groups, and for me, that’s an important factor,” Fréchette said. 

This report by The Canadian Press was first published Feb. 19, 2026.