Restricting abortion is a federal responsibility and should properly be dealt with in the Criminal Code by the federal government, Canada’s top court has ruled.

The Supreme Court has again declined to address the individual rights of pre-born children, leaving it to Parliament to deal with the issue.

Campaign Life Coalition leaders, working for legislation which respects life, say the ruling makes abortion a key election issue.

The nine judges of the Supreme Court of Canada ruled Sept. 30 that the Nova Scotia government does not have the right to restrict abortions to hospitals only.

Nova Scotia had introduced the Medical Services Act after the federal abortion law was struck down in 1988.  The province restricted abortions to hospitals and attempted to keep abortion clinics out of the province.  Henry Morgentaler promptly set up a clinic to challenge the legislation.  The province charged him with 14 violations of the law.  He was acquitted by every court leading up to the Supreme Court which decided to acquit him as well, throwing out the province’s appeal.

The Court decided that the intent of the Nova Scotia law was to restrict abortions and this decision, they ruled, is out of the province’s jurisdiction.

The decision means any restrictions to abortion necessarily have to be made by the federal government as amendments to the Criminal Code.

“The Supreme Court reaffirmed it is Parliament’s responsibility to address the issue of abortion,” said Rhonda Wood, spokesperson for Campaign Life Coalition.  “Candidates in this federal election can no longer duck the abortion issue.”

The decision also means full public funding for all abortions in this country continues.  Campaign Life Coalition has made it a goal to press for the cessation of government funding for all abortions.