Lawless

Abortion under Complete Decriminalization

by Martha Paynter  

Martha Paynter, nurse and scholar, explains how abortion is governed in Canada without an abortion law and why experts advocate against one.

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  • Forthcoming September 2025
  • ISBN: 9781773637501
  • 224 pages
  • $30.00
  • For sale worldwide
  • PDF Forthcoming September 2025
  • ISBN: 9781773637525
  • $29.99
  • For sale worldwide

About the book

Canada is the only country with complete decriminalization of abortion: no gestational duration limitations, no parental consent obligations, and no waiting periods. In recent years, other countries (New Zealand, Colombia, Uruguay, Mexico) have made strides toward this, while the United States has notoriously lost ground. Amidst the tumult, nurse and scholar Martha Paynter uses historical context and contemporary issues to explain why experts advocate against laws governing abortion.

Despite decriminalization, Canadian federal and provincial legislation and regulations about health funding, delivery, and human rights all shape how abortion care is delivered. Barriers persist in uneven access, unclear information, and belief-based denial of care. In accessible plain language from the expansive perspective of a clinician, researcher and activist, Paynter describes abortion policy, practice and experience and discusses how to resolve challenges that continue more than three decades after Canada became the world's most legally progressive jurisdiction for abortion. 

Canadian Studies Feminism, Gender & Sexuality Health & Illness

What people are saying

Diana Moreno, Advocacy Director, Profamilia

“Clear, rigorous, and deeply grounded in both scholarship and practice, Lawless is an essential resource for anyone working to make abortion access real. Drawing on her brilliance as a teacher and researcher, Paynter demystifies the different layers—legal, clinical, political, and social—that shape abortion care in Canada. This book is not only a must-read for scholars and activists in Canada, but also a powerful guide for global advocates seeking to understand what it takes to move from legal frameworks to meaningful access.”

Dr. John Reynolds-Wright, University of Edinburgh

“Dr. Paynter has delivered a comprehensively researched and clearly written user guide for understanding the Canadian legal context for abortion and how this impacts upon delivery and access. Valuable for clinicians, researchers, and activists, in Canada and worldwide. As an international reader, I was fascinated by the history of Canada’s abortion law reform and the continued struggle to ensure access to affordable, compassionate, and timely care. Understanding the Canadian journey is critical to countries like the UK, teetering on the brink of law reform and decriminalization, and Lawless guides the reader through the successes and challenges in that journey so far.”

Lianne Yoshida MD, Reproductive Options and Services (ROSE) Clinic Halifax

“This book brings into focus a vibrant picture of the past, present and future of abortion access in Canada. The scope of this book is amazing — each chapter is so well referenced and clearly written. Paynter expertly articulates how access to abortion and reproductive justice can be denied or limited, despite the removal of abortion from the criminal code in 1988. She describes the significant challenges overcome by the diverse reproductive justice movement, and lays out the next battles required to remove the remaining barriers to true reproductive justice for all Canadians.”

Dr. Patricia A. Lohr, Director of Research and Innovation, British Pregnancy Advisory Service

Lawless is a compelling exploration of what full decriminalization of abortion can achieve — and what it cannot. Drawing on Canada’s experience and international evidence, Martha Paynter shows why real reproductive autonomy demands more than legal reform alone. A vital read for anyone committed to advancing health, dignity, and equality.”

Frederique Chabot, Executive Director, Action Canada for Sexual Health and Rights

“Dr. Paynter is one of the few people in Canada whose combined experience as a frontline health care provider, researcher, teacher, and activist gives her a rare, birds-eye view of the legal, policy, and access dimensions of abortion. This book is a vital resource for anyone seeking to understand abortion not just as a medical procedure but as a political flashpoint and a cornerstone of gender justice. Accessible, grounded, and deeply informed, this book will reshape how we think and talk about reproductive rights in Canada.”

Natasha Hines, Chair, Wellness Within

“Dr. Martha Paynter cuts sharply through the shroud of secrecy and misinformation surrounding abortion in Canada. An invaluable resource detailing a path of resiliency, imperfection, victories, and struggles, this book is a clear map that leaves the reader informed, invigorated, and hopeful of change yet to come.”

Abdul-Fatawu Abdulai, University of British Columbia

Lawless is a bold, timely, and essential exploration of what it truly means to provide abortion services free from the constraints of criminal law. With clarity, passion, and lived expertise, Dr. Martha Paynter exemplifies Canada’s unique position as the only country in the world with complete decriminalization—while revealing the ongoing barriers, disinformation, and political resistance that persist. This book is a vital resource for women and gender activists, clinicians, educators and students of law, political scientists, historians, policymakers, and anyone interested in and seeking honest, accessible, and justice-driven insights into abortion care today. This book doesn’t just inform—it empowers, calling readers to action in pursuit of a more equitable reproductive future.

Karen Lawford, PhD, Anishinaabe Midwife, Lac Seul First Nation

“Dr. Martha Paynter’s book, Lawless, offers a careful and rigorous analysis of abortion in Canada, illuminating the complexities of reproductive justice in a manner that is clear and conscientious. By centring patients over policy hurdles and offering a robust examination of inter-jurisdictional health care, Dr. Paynter’s book also stands as a vital case study for anyone engaged in public health or service delivery. I especially appreciate how her scholarship situates abortion alongside the ongoing realities of forced, coercive, and involuntary sterilization of Indigenous Peoples, offering an essential lens of analysis for reproductive justice in this country.”

CJ Blennerhassett, President, Canadian Association of Midwives

Lawless is a bold, necessary, and deeply informed call to action. As a midwife and leader in reproductive and sexual health, I urge everyone working in health policy and care delivery to read this book. Lawless shows us how Canada can move from legal freedom to true, equitable access to abortion care for all.”

Wendy V. Norman, University of British Columbia

“Dr Paynter’s writing style is engaging, encouraging rapid page turning as Canada’s story of abortion regulation within the context of complete decriminalization effortlessly unfolds. She has included all aspects I wanted to understand, and explained complex legal terms and processes in an accessible, and very readable prose. This is set to become a handbook for legislators and advocates in countries where abortion remains in criminal law, and will undoubtedly be required reading for health care law courses across Canada.”

Joyce Arthur, Executive Director, Abortion Rights Coalition of Canada (ARCC)

“Martha Paynter’s book is a tour de force examination of the abortion situation in Canada today. She makes a strong case that decriminalized abortion in Canada has been a huge win for Canadians. It’s helped enable ongoing improvements to abortion access, free care for almost everyone, higher quality services, and more providers — especially after the introduction of the abortion pill in 2017. While we still have gaps to work on and threats to fight against, Paynter’s book reminds us to be proud of our accomplishments and gives us confidence to achieve even more.”

Author

Martha Paynter

Dr. Martha Paynter has worked to advance abortion access in Canada for over twenty years. A writer, nurse and public scholar, she is recognized internationally for her expertise at the nexus of reproductive justice and prisoner health. She is an associate professor at the University of New Brunswick Faculty of Nursing, where her research addresses the health rights of people experiencing incarceration, as well as sexual and reproductive health care in Canada and around the world. She is the author of Abortion to Abolition: Reproductive Health and Justice in Canada (Fernwood, 2017) and has published extensively in national magazines (Chatelaine, Briarpatch) and scientific journals. Paynter is a keen advocate for increasing the influence of women and gender-diverse people in news media and participates regularly in interviews with national and international print, radio and TV press (CBC/Radio-Canada, Global, CTV). She values and fosters collaborations with community organizations and lived-experience experts in reproductive health and prison justice. Paynter is a recipient of the 150th anniversary medal from the Senate of Canada for her volunteer service to the country (2017) and the King Charles III Coronation Medal for service to the nursing profession (2025).

Contents

  • Decriminalized Abortion
  • Chapter: 1 What Is Abortion?
  • Chapter: 2 With Laws Come Limits
  • Chapter: 3 Defining Miscarriage, Stillbirth and Infant Death
  • Chapter: 4 The Mifepristone Revolution
  • Chapter: 5 Belief-Based Denial of Care
  • Chapter: 6 Crisis Pregnancy Centres
  • Chapter: 7 Freedom of Expression and Assembly
  • Chapter: 8 Expansion of Care
  • Chapter: 9 Children and Youth
  • Chapter: 10 Contraception
  • Chapter: 11 International Law
  • Onward

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