Quebec justice minister withdraws article on abortion rights in constitution bill

A woman's rights advocate says striking abortion from the Constitution is important, but calls the bill itself deeply flawed.

Quebec’s justice minister has reversed course in the face of strong criticism of his plan to enshrine abortion rights in his constitution bill, announcing Friday the contentious section will be removed.

Simon Jolin-Barrette said he made the difficult decision to withdraw the abortion article after hearing from legal experts and women’s rights groups. “Our desire has always been to defend women’s freedom of choice. And if we want to be consistent with ourselves, we must respect that,” he said.

The Coalition Avenir Québec has introduced a bill that would create a Quebec constitution, designed to codify what the government considers common values such as secularism and equality between men and women. The bill includes an article on the right to abortion, saying, “the state protects women’s freedom to have recourse to a voluntary termination of pregnancy.”

But critics had put immense pressure on the government, warning that legislating on abortion could potentially open the door to legal challenges from anti-abortion groups. They say abortion is adequately protected by the Charter and case law.

The Supreme Court of Canada decriminalized abortion in 1988. But since then the federal government has not adopted a legal framework governing abortion, which is instead treated in the country as a health-care service.

Jolin-Barrette says his intention was never to incite fear but to ensure abortion rights are protected.

In an open letter published in Le Journal de Montréal and later shared on social media, the justice minister said he remains worried about the erosion of women’s rights elsewhere, citing the U.S. Supreme Court’s overturning of Roe v. Wade — the ruling that had guaranteed a woman’s right to get an abortion. He also cited the tightening of abortion laws in Hungary.

The justice minister noted that abortion rights in Canada are not guaranteed. “This case law is fragmented and does not explicitly recognize a right to abortion. It could be overturned, as has happened in the United States,” Jolin-Barrette said.

In the rest of the country, he notes the issue of abortion resurfaces with every federal election.

“Like many others, I remain convinced that Quebec is not immune to the possibility that women’s rights will one day be called into question. I sincerely hope that day never comes,” Jolin-Barrette said.

The CAQ government had previously looked at enshrining the right to abortion in 2023, but ultimately abandoned that plan because of similar criticism.

By Thomas Laberge

This report by The Canadian Press was first published Feb. 20, 2026.