The revelation, via a leaked draft, that the Supreme Court of the United States was going to overturn the landmark decision in Roe v. Wade (1973) sparked immediate questions about whether a similar retrenchment of abortion rights could occur in Canada. Key legal, structural, and political cultural factors mitigate the forces of American-style erosion of norms on the Supreme Court of Canada and in our broader politics surrounding abortion rights. Despite this generally optimistic comparative context, complacency about the status of abortion rights in Canada would be unwise. This short Currents article canvasses factors crucial for not only preserving the policy status quo in criminal law (that is, the absence of criminal law abortion regulation in Canada), but also for advancing the scope of abortion rights in the positive sense, as serious barriers to access persist at the provincial level.

Rainer Knopff's scholarship on Canadian constitutionalism has offered some of the most trenchant criticism of the exercise of judicial review under the Charter, yet his theory has largely been misunderstood (as has that of his frequent co-author F. L. Morton). This article exposes two prominent critiques of Knopff's constitutional writings as straw man arguments and provides a republican account of his constitutional theory. The first straw man argument is that Knopff supports a majoritarian or populist conception of direct democracy. This claim is belied by Knopff's embrace of representative democracy and institutions structured to encourage reflexive deliberation. The second straw man argument is that Knopff is a moral rights skeptic. Knopff's rights skepticism is a legal skepticism about the determinacy of many rights that is merely a function of his inclusive legal positivism. The article concludes by reflecting on the republican lessons that Knopff's constitutional scholarship continues to offer, including how holding legislatures responsible for settling reasonable disagreements about legally indeterminate Charter rights might help counteract the twin threats of populism and juristocracy.