By Thaddeus M. Baklinski
FREDERICTON, NB, May 26, 2009 (LifeSiteNews.com) – New Brunswick Justice Minister T. J. Burke said the province will consider appealing the recent ruling of the New Brunswick Court of Appeal, which said that abortionist Henry Morgentaler has the right to sue the province to pay for abortions at his private facility.
“Our office will review the procedural decision made by the court of appeal to determine possible or overriding errors in law and determine whether or not we should appeal,” Burke said.
The New Brunswick Court of Appeal dismissed the province's appeal of a Court of Queen's Bench ruling that gave Morgentaler status to pursue a lawsuit on behalf of women claiming the province should pay for abortions in his private facility.
“The decision to grant public interest standing to Dr. Morgentaler was made in the exercise of a judicial discretion,” Court of Appeal Chief Justice Ernest Drapeau wrote in his decision, referring to the Court of Queen's Bench ruling.
“As such, intervention by this Court is not appropriate unless the decision is founded upon an error of law, an error in the application of the governing principles or a palpable and overriding error in the assessment of the evidence, or the decision is unreasonable, in the sense that nothing in the record can justify it.”
In dismissing the province's argument that the Court of Queen's Bench judge, Justice Paulette Garnett, lacked inherent jurisdiction to grant Morgentaler public-interest standing in the lawsuit, Drapeau said, “With respect, neither the Province's primary nor its alternative contention comes close to passing muster” and then ordered the province to pay $5,000 in court costs to Morgentaler.
Justice Minister Burke said that appealing to the Supreme Court on behalf of the taxpayers of New Brunswick, which is the only Canadian province that does not pay for abortions in private facilities, would be based on a procedural challenge dealing with Morgentaler's legal standing, but does not deal with the central issue of public funding of abortion.
Peter Ryan, the Executive Director of New Brunswick Right to Life, commented earlier on the course the hearings are taking.
“I think it is most unlikely the people of New Brunswick will ever pay Morgentaler to kill our province's unborn babies on demand. Our Province needs to stand firm in this matter, and I am very hopeful they will do so.
“Regrettably, however, we can have no confidence in the judicial process underway,” he added. “It is a travesty that no pro-life group representing unborn babies or their mothers has been allowed to take part in the trial. The exclusion in my view reflects both narrow mindedness and bias on the part of New Brunswick courts.”
Read previous LSN coverage:
New Brunswick Court Today Hears Appeal against Abortionist Morgentaler
https://www.lifesitenews.com/ldn/2009/jan/09011303.html
New Brunswick to Appeal Ruling Favorable to Morgentaler
https://www.lifesitenews.com/ldn/2008/nov/08110604.html
Morgentaler Granted Legal “Standing” to Pursue Lawsuit against New Brunswick
https://www.lifesitenews.com/ldn/2008/aug/08080802.html
Morgentaler Sues New Brunswick over Extra Billing for Abortion
https://www.lifesitenews.com/ldn/2003/jul/03072910.html