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Ruling Awaited in New Brunswick Morgentaler Case

FREDERICTON, New Brunswick, December 8, 2004 (LifeSiteNews.com) - The New Brunswick Court of Appeal reserved judgment Monday on the issue of allowing a coalition of pro-life groups to intervene as a third party in Morgentaler's lawsuit against the Province of New Brunswick. Morgentaler has sued the province for refusing to fund his private abortion clinic in Fredericton.

In April, Justice David Russell of the Court of Queen's Bench ruled against a motion by the Coalition of Life and Health to intervene. Coalition members include Campaign Life Coalition New Brunswick, New Brunswick Right to Life, Physicians for Life, Focus on the Family and the Evangelical Fellowship of Canada.

"The motions judge basically said the case was about tax money, and the Province could deal with that without any third party," said Peter Ryan, president of Campaign Life Coalition New Brunswick. "Our position was that there are other relevant issues - and issues we seek to address - such as Morgentaler's reliance on a constitutional right to abortion, and the question of how tax-funded abortion impacts women's health."

Hearing the appeal were Chief Justice Ernest Drapeau, Justice Margaret Larlee, and Justice Wallace Turnbull. Norm Bossé acted as lawyer for the Coalition.

"Our lawyer stated that, unlike the U.S., in Canada there has been no Roe v. Wade establishing a constitutional right to abortion," Ryan continued. "That is one of the key issues at stake in this case."

Ryan said that two very revealing exchanges occurred during Monday's hearing between the judges and Morgentaler's legal counsel Anne Derrick. One was about the right to abortion.

"Justice Larlee asked Ms. Derrick to respond to Mr. Bossé's statement that there has been no Roe v. Wade in Canada," Ryan continued. "Ms. Derrick acknowledged there had not been, but said that the Supreme Court's Morgentaler decision of 1988 had created a 'de facto' constitutional right to abortion."

"Chief Justice Drapeau then asked whether Ms. Derrick's client is not expecting the Court in New Brunswick to establish, at trial, that there is a constitutional right to abortion, and that this right requires abortion to be publicly funded at his clinic.

Ms. Derrick replied that Morgentaler is relying on Section 7 of the Charter of Rights which guarantees women the right to 'security of the person.' Judge Drapeau challenged her answer, and asked whether the language Ms. Derrick used was not tantamount to claiming a constitutional right to abortion. Ms. Derrick agreed that it was."

"That exchange goes to what we have been arguing all along," Ryan explained. "This case is about something of huge and fundamental importance: a constitutional right to abortion on demand, sanctioned and funded by public auspices."

Ryan asks pro-life supporters to pray for the three judges "to decide wisely and justly." There is no time limit for a decision, but Ryan expects the court to write it during the month of December.

See related LifeSiteNews.com coverage:

Morgentaler Sues New Brunswick over Extra Billing for Abortion
http://www.lifesitenews.com/ldn/2003/jul/03072910.html

Coalition for Life Denied Intervenor status in Morgentaler vs. New Brunswick
http://www.lifesitenews.com/ldn/2004/apr/04040604.html

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