Tony Gosgnach

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‘Your God is wrong’ judge smacked down by colleague on appeal

Tony Gosgnach
By Tony Gosgnach

TORONTO, October 5, 2012, (LifeSiteNews.com) – The judge who intoned “your God is wrong” while imposing what was effectively a maximum prison sentence on pro-life activist Mary Wagner last March has himself been smacked down by a judicial colleague following an appeal.

In a recently released written decision, Superior Court Justice Kenneth L. Campbell overturned the harsh term of six months in prison imposed by Justice S. Ford Clements in the Ontario Court of Justice and reduced it to time served, as had originally been agreed upon by the Crown and defence in joint submissions.

More significantly, Campbell had strong words of criticism for Clements’ handling of the matter on several fronts.

“The trial judge ought not to have engaged in a predictably unproductive debate with a boisterous courtroom spectator during the sentencing hearing,” he wrote. “Nor should the trial judge have then spontaneously cross-examined the accused on her understanding of the rule of law.  Finally, a number of comments made by the trial judge during the course of the sentencing hearing in this case were ill-advised and inappropriate.”

Campbell ruled Clements erred in principle in a number of respects in imposing “a manifestly unfit sentence which must be reduced.” Clements also “failed to take into consideration the hardship that his decision to send the appellant to jail for another three months would cause to the appellant…This was simply not a case where such a sentence was appropriate.”

Campbell added the sentence was simply too long and disproportionate to the nature of the offences and the personal circumstances of the appellant. 

“In this regard it is important to recall that the mischief by the appellant, in interfering with the lawful operation of the clinic by ‘disturbing patients,’ lasted less than five minutes,” Campbell ruled.

(Click “like” if you want to end abortion! )

Clements “ not only failed to accord the joint submission considerable weight, he did not attempt to explain, in his Reasons for Sentence, why he had elected to reject it. He stated his conclusion that the joint submission was contrary to the public interest and would bring the administration of justice into disrepute, but he offered no explanation or justification in support of this bare conclusion.”

Defence lawyer Peter Boushy, who handled the lion’s share of the appeal along with trial counsel Russell Browne, said Campbell’s decision “sends a message to the legal community that all accused — even pro-life activists found guilty of mischief — should be treated equally and respectfully under the law.”

Wagner had been found guilty of mischief and two counts of breaching probation orders for entering the Bloor West Village “Women’s Clinic” abortion site and attempting to speak to abortion-minded women. Clements berated her for what he saw as, among other things, cowardice, “abusing other people,” and causing “pain and grief.” He then opined that if he had the power, he would have someone in her face every day, “go and rattle her door.”

“You are wrong and your God is wrong,” he said,

At one point, he went so far as to put Wagner’s actions on a par with the violence in Syria.

Even Crown attorney Rick Nathanson at the appeal hearing conceded that Clements’ remarks were “inelegant” and “unfortunate.”

The victory is cold comfort for Wagner, who unnecessarily ended up serving an additional 62 days in jail before her release in late May. She does, however, have the option of filing a complaint with the Judicial Council of Ontario, which oversees the conduct of judges.

Wagner is currently imprisoned at the Vanier Centre for Women in Milton on more recent charges of mischief and two counts of failing to comply with probation orders after an arrest at the “Women’s Care Clinic” abortion site on Lawrence Avenue West in Toronto. She is scheduled to appear in the Ontario Court of Justice at College Park this coming Tuesday, October 9 for a bail hearing. The Crown has indicated it will oppose her release pending trial “no matter what.”

Read the entire text of Judge Campbell’s decision here.

Watch a video of Russell Brown interviewed by Ezra Levant on Sun news after the appeal decision here.


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Michelle Kaufman, New Zealand Correspondent

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Abortion group targets pro-life doctors, nurses with new website: New Zealand

Michelle Kaufman, New Zealand Correspondent
By Michelle Kaufman

Pro-life health practitioners and crisis pregnancy centres in New Zealand are the target of a new website designed to intimidate those who choose not to refer for abortion or prescribe contraception.

The website, My Decision, is created by the Abortion Law Reform Association of New Zealand (ALRANZ). 

The site lists health practitioners and crisis pregnancy centres which they believe women should avoid.  The incomplete list includes the names of individuals or organisations, the region and town, and whether they are a doctor, nurse or other provider. 

Women are asked to submit their stories of “hostile or unhelpful health professionals.”  The stories are non-identifying and can be edited for length or clarity.  At the time of writing only two stories had been posted.

In an earlier blog post, ALRANZ mentioned that the new website, which was still under construction at the time, is “aimed at shining the light on ‘conscientious objectors’… who deny people the reproductive healthcare they want or need.”

Right to Life NZ says they believe the site is “denigrating the good name and reputations of health professionals who believe that abortion is a harmful choice.”

Click "like" if you are PRO-LIFE!

Under New Zealand law, health practitioners can object to providing reproductive health services according to their conscience.  However, there is one caveat – they “must inform the person who requests the service that he or she can obtain the service from another health practitioner or from a family planning clinic.”

 “Sonscientious objection is a fundamental right and one that must be preserved if we are to continue to live in a free and civil society,” said Chris O’Brien, Vice President of Right to Life NZ. “We risk tyranny if this right is taken away.”

“There are very good doctors that appear on that website” said Dame Colleen Bayer, whose Dunedin Family Life Crisis Pregnancy Centre is also named.  “These doctors speak truthfully and have real care and concern for their patients.  Women do themselves a disservice to discount them based on this information.”

The resource section on the My Decision website links to ALRANZ, Family Planning (an affiliate of International Planned Parenthood Federation and an abortion provider), and the website Abortion Services in New Zealand. 

The Abortion Services website is sponsored by ISTAR Ltd, a registered Charitable Trust which is the sole importer of mifepristone into New Zealand.  ISTAR also provides Manual Vacuum Aspiration equipment for early surgical abortions.

ALRANZ, was instrumental in the writing of the Greens abortion policy, which was unveiled earlier this year.  That policy aims to take abortion out of the Crimes Act making it more accessible.  The policy also targets health professionals who may conscientiously object to ensure they refer patients on to a “neutral practitioner”.

More information about freedom of conscience in healthcare 


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The government is proposing allowing the killing of pre-born babies suspected of being disabled and those conceived through rape or incest.
Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus

Northern Ireland considers allowing killing disabled unborn babies: pro-lifers condemn

Thaddeus Baklinski Thaddeus Baklinski Follow Thaddeus
By Thaddeus Baklinski

Northern Ireland’s leading pro-life group, Precious Life, has condemned this week's announcement by Justice Minister David Ford that a consultation on changing the abortion law will be "ready by autumn." The government is considering allowing the killing of pre-born babies suspected of being disabled and those conceived through rape or incest.

“Abortion is a serious criminal offence in Northern Ireland,” said the director of Precious Life, Bernadette Smyth. “The law here protects unborn babies, and David Ford as Minister for Justice must ensure that all children are legally protected."

Last December, Ford revealed he would be undertaking a consultation to consider changes to the law after he heard the stories of two women, who complained that they had not been allowed to abort their babies who had been diagnosed with anencephaly. Instead, they said, they had traveled to Britain for abortions.

Abortion was refused under Northern Ireland’s laws because the diagnosis of anencephaly for the child poses no medical threat to the mother.

Click "like" if you are PRO-LIFE!

On Monday Ford told the BBC that the Department of Justice would bring forward its consultation paper on changing Northern Ireland's abortion laws by the fall.

However, Smyth warned that “the core ethical principle which must underpin this discussion is that every child deserves the right to life regardless of how short their life may be, and regardless of the circumstances of their conception."

She vowed that Precious Life will launch a public campaign in support of the life of all unborn babies.

“We all feel enormous sympathy for parents in these traumatic and distressing cases," Precious Life stressed in a statement. "But parents in these difficult situations deserve much more than our sympathy – they need a professional support system in place, which will provide them with help, support and resources.

"Precious Life are resolved to work towards a solution that loves and protects both mother and baby. Once again we call on the Health Minister to immediately establish perinatal hospice services for parents who have received a poor or difficult prenatal diagnosis for their baby,” said Smyth.

 

Contact:

Justice Minister David Ford
Department of Justice
Stormont Estate
Belfast, Northern Ireland
BT4 3SG
Phone:(028) 9076 3000
Email: via website (http://www.dojni.gov.uk/contact-us.htm)


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80% of parents who have an unborn child with spina bifida choose abortion. But Chad Judice (pictured with Eli) knows that life is worth it.
Dustin Siggins Dustin Siggins Follow Dustin

Abortion? No way. Dad says son with spina bifida is a ‘gift’ to the family.

Dustin Siggins Dustin Siggins Follow Dustin
By Dustin Siggins

What is the most pro-life, pro-God influence in your life? According to Catholic author and speaker Chad Judice, his five-year old, disabled son has been a tremendous source of happiness and faith for even the hardest of hearts.

In an op-ed published in The New York Post, Judice writes that when he and his wife found out their unborn son Elijah had spina bifida, they were offered the option of abortion. While they chose life, it didn't stop them from fearing the worst for their careers, eldest child, and Eli.

"That evening...Ashley cried as she read to me from the literature we’d been given," writes Judice. "It said 80 percent of parents who receive a spina bifida diagnosis choose abortion."

"And it told us that our son might have learning disabilities and be paralyzed from the waist down, unable to ever walk."

According to WemMD.com, the two most common forms of spina bifida have few, if any effects, on those who have them. However, the most rare and most aggressive form of the disability can result in significant problems for life:

  • Little or no feeling in their legs, feet, or arms, so they may not be able to move those parts of the body.
  • Bladder or bowel problems, such as leaking urine or having a hard time passing stools.
  • Fluid buildup in the brain (hydrocephalus). Even when it is treated, this may cause seizures, learning problems, or vision problems.
  • A curve in their spine, such as scoliosis.

Eli's form of spina bifida was severe, but -- as it turned out -- manageable, writes Judice. Despite surgeries and "medical challenges," he was out of the hospital within thirty days, though seizures and surgeries would continue to challenge the family. At five-and-a-half, he is entering kindergarten, learning to walk with modern technology, and "his intelligence is at or above average, and he's very talkative."

But perhaps the greatest miracle of all, Judice says, is the effect Eli has had on those who are outside of the family. His story has helped "some pregnant mothers...to reject abortion," and "rekindle the dormant faith of some...drawing them into a life with more room for God and family."

One of those rekindled Christians was a man who, after years in prison, prayed for Eli "as he recited The Lord's Prayer." According to Judice, "it was the first time he’d prayed in 30 years."

Since Eli's birth, Judice has written two books about his son and their family. "Waiting for Eli: A Father's Journey from Fear to Faith" was the first, and has received praise from Father Frank Pavone of Priests for Life. According to Pavone, it is "an inspiring story of faith, hope, love, and the power of prayer."

"The world judges the value of human life by physical perfection, but God sees things differently. To Him, we are perfectly lovable in our imperfection. Uplifting in its reverence for human life in its most fragile stages, WAITING FOR ELI will encourage pro-life activists everywhere, from the most seasoned to the newly initiated."

Also unstinting in praise was the Chair of the Committee for Pro-Life Activities, Archbishop Daniel Cardinal Dinardo, who writes for Judice's website that the book "chronicles [Judice's] spiritual journey from fear of one’s personal limitations to self-abandonment to the divine mercy of God’s providence."

The second book, "Eli's Reach: On the Value of Human Life and the Power of Prayer," received the "Best Book by Small Publisher" award in 2013 by the Catholic Press Association.

"I think of Eli as God’s special gift to my family," Judice wrote in the Post. "And as I share about him, Eli’s story softens hearts and brings people to a greater appreciation of the beauty and sacredness of life."


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