Imaginary Baby Jesus - We did not legalize abortion.  

The Supreme Court of Canada struck down the Criminal Code provisions (section 251.9 allowed for abortions to be performed solely at accredited hospitals with the proper certification of approval from the hospital's Therapeutic Abortion Committee) as unconstitutional in R v Morgentaler, [1988] 1 S.C.R. 30.   The decision did NOT declare a constitutional right to abortion nor "freedom of choice" and the SCOC was clear Parliament could legislate should it wish to do so.

Several unsuccessful attempts were made to re-draft the Criminal Code provisions to cover abortion procedures.  As a result there are no criminal prohibitions but it was not "legalized" as is the proposal here with marijuana. The provinces have taken action to restrict access to abortion in various ways that do not involve criminal law under their health care jurisdiction over "property and civil rights in the province" per s. 92(13) Constitution Act, 1867.