New Brunswick Has Increased Access to Abortions in an Imperfect Manner

​New Brunswick premier Brian Gallant has come through and, in theory, made it easier for women in the province to access abortion services. This is much needed, in light of the awful news that women in the eastern province were turning to DIY abortio​ns after Fredericton's Morgentaler Clinic closed in July.

Gallant specifically got rid of the 20-year-old Regulation 84-20, which specified that those seeking abortions must receive referrals from two doctors deeming the procedure "medically necessary." It also specified that abortions must be performed only by ob/gyns.

As of January 1, that will no longer be the case. The two-doctor referral is scrapped, and non-specialists will now be able to perform abortions. But activists in the province say there's still a long way to go before New Brunswick law fully respects reproductive rights.The province will still dictate that abortions be performed only in hospitals, as opposed to specialized clinics or family doctors' offices, and that will continue to cause barriers to access.

Getting an abortion in the province has been almost impossible since Fredericton's Morgentaler Clinic closed in July. Only two doctors in the province perform abortions, and so since its closure, many people needing abortions have been forced to go to Maine or Newfoundland for the procedure.

I caught up with Kathleen Pye of Reproductive Justice New Brunswick, an activist group that sprang up in an effort to save the Morgentaler Clinic. Pye said that though this is a coup, more improvements are needed:

"If somebody's going through the hospital, [how is that a] self-referral process? It's not really taking away the gate-keeper at all. This really doesn't sound like it's a self-referred option," she said.

Because women needing abortions must go through the hospital to get one, it means they'll likely need to be put on a waiting list before they can get in to see a doctor who will do an abortion. The added wait time can be dangerous for the woman's well-being, and potentially her health as well. If she can't access a medical abortion, the risk of her taking matters into her own hands using pills or other methods of disposing of the fetus is increased. Furthermore, the longer wait time might make it impossible for some to access abortions at all. Extending the law to allow abortions to be performed in clinics and family doctors' offices would bring access closer to those who need it, and it would also reduce wait times.

"[That way,] they don't have to go into the waiting lines that already exist, potentially getting past the week limit and not being able to get in at all," Pye said.

A full 48 pe​rcent of New Brunswickers live in what StatsCan identifies as "rural" areas, many of which are without nearby hospitals. The drive can be prohibitive for some, especially in winter. In a province of about 800,000, Craigslist rideshares aren't as hoppin' as they are in Toronto or Montreal. And the bus service is notoriously bad across the province. Many women in the north, Pye says, are screwed. Moving the procedure to clinics and family practices is crucial if women provincewide are to be served equally.

"[Getting rid of the restriction is] not conducive to what's being done in the rest of the country, to what access looks like, or what's been mandated through the Canada Health Act."

The other issue is whether enough doctors will decide to perform abortions. The province is very conservative. Right now, abortions are performed only in Moncton and Bathurst, two cities which are a two-and-a-half hour drive away from one another. The effectiveness of the new regulations will ride on the shoulders of doctors and how they decide to run their practice. But despite the province's political climate, Pye remains hopeful.

"There are definitely a lot of physicians in the area who are anti-choice. But what this can do is open the door for potential pro-choice physicians to operate….

"This is a huge, huge step forward. And we're happy. It's getting rid of a legislative barrier, essentially."

While there's still work to be done, it can't be negated that this is a major first step toward all uterus-having New Brunswickers having full reproductive rights. The government is even making an effort to be more sensitive: Gallant says communication lines between healthcare providers and patients will be more open and less judgmental in the future. In the past, New Brunswick's Telecare line, a service that offers 24-hour medical support from registered nurses, was known to offer excessive anti​-choice material when confronted with a request for pregnancy resources.

Gallant has said that now, the provincial government will work to "improve access to accurate and non-jud​gmental information" for women in need of abortions throughout the province. Imperfect as it may be, it's a sorely needed step forward for New Brunswick.

Pye acknowledges that this is a victory, and should be celebrated. But going forward, she says Reproductive Justice NB urges the government to continue evolving its stance on abortions:

"They want to look at all barriers. Well, a lot of the barrier comes down to [access being restricted to hospitals]. Right now, government is not addressing what is best practice."