How Ottawa would amend the wording of Criminal Code

On Friday, November 3, 1989, Justice Minister Doug Lewis introduced a bill that would regulate abortion in Canada. Following is a partial text of the proposed amendment to the Criminal Code:

Sections 287 and 288 of the Criminal Code are repealed and the following substituted therefore:

Every person who induces an abortion on a female person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, unless the abortion is induced by or under the direction of a medical practitioner who is of the opinion that, if the abortion were not induced, the health or life of the female person would be likely to be threatened.

For the purposes of this section, “health” includes, for greater certainty, physical, mental and psychological health.

“Medical practitioner,” in respect of an abortion induced in a province, means a person who is entitled to practice medicine under the laws of that province.

“Opinion” means an opinion formed using generally accepted standards of the medical profession.

Inducing an abortion does not include using a drug, device or other means on a female person that is likely to prevent implantation of a fertilized ovum.

Everyone who unlawfully supplies or procures a drug or other noxious thing or an instrument or thing, knowing that it is intended to be used or employed to induce an abortion on a female person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.