On Oct. 9, 2025, Quebec Minister of Justice Simon Jolin-Barrette introduced Bill 1, the Quebec Constitution Act, to the National Assembly of Quebec. The act intends to establish a provincial constitution, allowing for more legislative autonomy by enshrining popular Quebec values, such as French language protection, secularism, and abortion rights. However, on Feb. 20, Jolin-Barette withdrew Section 29 of this bill, which would have guaranteed the right to abortion as part of the prospective constitution. The Tribune breaks down Section 29 of the Quebec Constitution Act, examining how its withdrawal may affect the protection of abortion rights in Quebec.

What is Section 29?

Section 29 of the Quebec Constitution Act states, “the state shall protect the freedom of women to have recourse to a voluntary termination of pregnancy.” Jolin-Barrette originally added this clause due to his concern that women’s reproductive rights may one day be called into question, which he described in an open letter.

“I am sincerely worried. Worried that in the coming years, women’s rights—of our mothers, our sisters, our daughters—will crumble, at the risk of their health and dignity,” Jolin-Barette wrote. “It is this deep and persistent concern that convinced me to include in the draft Constitution a provision that would commit the Quebec government to act to defend women’s free choice to have an abortion.”

Why was the clause protecting abortion withdrawn?

The idea of withdrawing Section 29 first gained traction on Feb. 18 in the public hearings for Bill 1, when Claude Morin, a former member of the National Assembly of Quebec, asked whether the clause was being considered for removal. Etienne-Alexis Boucher, a former Parti Québécois member for the Johnson electoral division, expressed support for the section’s withdrawal. 

“My recommendation to all parliamentarians is to improve the bill so that the final version can respond to criticism. And you are right, there has been very strong criticism of the right to abortion,” Boucher said. “If this type of enhancement to the bill allows [us] to broaden the consensus on this one, I think that would be a good idea.”

Later in the hearing, Natacha Meilleur, a representative from the Clinique des femmes de l’Outaouais, requested the removal of Section 29 from the bill. She argued that the clause does not aid abortion rights, but rather puts them at risk. 

“Enshrining abortion in a constitutional text would [offer no] additional protection demonstrated,” Meilleur said. “Canada protects abortion with autonomy and personal safety. And, moreover, the Canadian model is legally more integrated into the fundamental rights structure. And that’s what makes it more stable. It is therefore the absence of legislation that is our strength. Legislating on abortion is therefore a way of offering a breach, a legal hold that may be interpreted, challenged, or modified in the future.”

Following the arguments introduced in this session, Jolin-Barrette removed Section 29 from the Quebec Constitution Act. 

What protections are in place for abortion rights in Quebec?

Currently, abortion rights in Quebec are protected based on jurisprudence that supports the right of women to choose, such as R. v. Morgentaler.  This case overturned a 1969 law that criminalized abortion except in specific circumstances across Canada. The case used Section 7 of the Charter of Rights and Freedoms—specifically the right to security of the person—as the legal basis for removing the abortion restrictions, arguing that they infringed on pregnant women’s right to security. 

In a written exchange with The Tribune, McGill’s chapter of the Women’s Network, the largest collegiate networking organization for women in North America, emphasized the significance of protecting women’s bodily autonomy as fundamental to women’s rights. 

“It is important to protect abortion rights because they are integral to a woman’s freedom, independence and self-autonomy,” the Women’s Network wrote. “Abortion rights are human rights and women’s rights, and it is important that the legislation reflects that. One should have the right to make decisions regarding their own body and future without judgment or fear of legal or social repercussions.”

For more information on accessing abortion at McGill, please visit a previous article published on Nov. 19, 2024.