By Thaddeus M. Baklinski

FREDERICTON, NB, January 13, 2009 ( – After having been granted “public-interest standing” to proceed in his lawsuit against the Province of New Brunswick in August, 2008, abortionist Henry Morgentaler is before the court today pursuing his goal of making New Brunswick taxpayers pay for abortions in his abortion center.

New Brunswick is the only province in Canada that has a private abortion facility that is not publicly funded.

The court is hearing an appeal from the New Brunswick provincial government on the ruling which granted Morgentaler the status to pursue a lawsuit.

“Public-interest standing” refers to the question of whether or not a plaintiff is sufficiently affected by a piece of legislation to justify his bringing forward a lawsuit against it.

In her ruling granting Morgentaler “standing,” Madam Justice Paula Garnett said that Morgentaler in this instance “does not have legal capacity” since he is not a woman seeking an abortion. However, she said that since such women were unlikely to bring a legal action themselves, “Dr. Morgentaler is a suitable alternative to do so.”

Peter Ryan, the Executive Director of New Brunswick Right to Life, commented on the case, saying, “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.”

See related LSN coverage:

New Brunswick to Appeal Ruling Favorable to Morgentaler

Morgentaler Granted Legal “Standing” to Pursue Lawsuit against New Brunswick

Morgentaler Sues New Brunswick over Extra Billing for Abortion