Ottawa assesses legal risks for abortion providers with US patients

Federal officials are investigating whether Canadian healthcare workers could face legal risks for providing abortion services to American women from states where the procedure has been banned.

A Health Canada spokeswoman said the government was reviewing the matter in response to concerns raised by the Canadian Medical Protective Association (CMPA), which provides legal support to doctors, about the potential cross-border consequences of the decision. United States Supreme Court to strike down the 1973 law that legalized abortion nationwide.

“We understand that many Canadians, including many of our physician members, have expressed interest in making abortion easier for American patients,” CMPA CEO Lisa Calder wrote. , in a letter to several ministers this week.

“At the same time, our members are expressing concern about the increased risk of medical-legal issues,” she continues.

Ms. Calder asked federal officials to work with their provincial counterparts to protect Canadian doctors from possible lawsuits if US states try to block residents from accessing abortions outside their borders.

“The CMPA is aware that some states in the United States are considering legislation that would potentially allow criminal and civil lawsuits to be brought against health care providers who perform abortions on out-of-state residents,” it said. -she writes.

A CMPA spokeswoman declined to specify which potential rules Ms. Calder was referring to.

The association provides legal assistance and liability protection to more than 105,000 Canadian physicians, Calder wrote, but cannot help with legal matters in other countries. The association has encouraged its members who provide abortions to US patients to seek additional liability protection.

In an email to The Canadian Press, Health Canada spokesperson Anna Maddison said the federal government “unequivocally” supports access to safe abortions, including for Americans, but they would have to pay out of pocket for this service.

Provinces are responsible for managing physician liability protection, Maddison said. Meanwhile, the Ministry of Justice makes decisions regarding assistance to foreign countries in legal matters, she added.

“Any action by the federal government to protect Canadian healthcare workers would depend on the ability of a specific US state to pursue extraterritorial action,” she wrote in an email Thursday.

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