Legal Protection of Access To Abortion - Laws in Canada

Laws in Canada

One country in which "buffer zone" laws have been enacted is Canada. One of the country's provinces and territories has passed a law intended to protect medical facilities that provide induced abortion:

• British Columbia: 10 metre fixed buffer zone around a doctor's office, 50 metre fixed buffer zone around a hospital or clinic, and 160 metre fixed buffer zone around an abortion provider or clinic worker's home. The Access to Abortion Services Act, enacted in 1995, refers to this area as an "access zone". It prohibits protesting, sidewalk counseling, intimidation of or physical interference with abortion providers or their patients inside of this space. The provisions against protesting and sidewalk counselling were repealed on January 23, 1996, as violating the Canadian Charter, but were both restored in October of the same year.

Access zone legislation has also been passed at the level of local government in Canada:

• Calgary, Alberta: fixed buffer zone which requires protesters to remain across the street from a clinic in Kensington. Established in 1991, the injunction also limits the number of pro-life demonstrators who carry signs, or pray. It was first challenged by Michael O'Malley of Campaign Life Coalition in 1997, and again in 2000, but a judge upheld it both times.
• Toronto, Ontario: 500 feet fixed buffer zone around doctors' homes, 25 feet (7.6 m) fixed buffer zone around doctors' offices, 60 feet (18 m) fixed buffer zone around two clinics in the Cabbagetown and Scott districts, 30 feet (9.1 m) fixed buffer zone around another clinic, and 10-foot (3.0 m) floating buffer zone around patients and staff. The injunction was granted on August 30, 1994.