Anti-abortion activists challenge Quebec law forcing protesters to keep distance

A Superior Court justice heard last arguments Thursday successful a law situation of a Quebec instrumentality that requires protesters to enactment 50 metres distant from abortion clinics.

The Quebec Life Coalition and different anti-abortion activists took the state to tribunal implicit the law, which they accidental violates their rights to state of look and peaceful assembly enshrined successful the Charter of Rights and Freedoms.

On the different broadside of the courtroom, lawyers representing the Quebec lawyer wide and 3 facilities providing abortions argued the instrumentality indispensable basal to support the rights of women seeking those services.

Introduced successful 2016, Section 16 of the Act Respecting Health Services and Social Services states that nary idiosyncratic is permitted to show wrong 50 metres of a installation providing termination work successful immoderate mode that attempts to “dissuade a pistillate from obtaining specified a work oregon contention oregon condemn her prime of obtaining oregon having obtained the service.”

The instrumentality besides specifies that nary demonstrator whitethorn “attempt to dissuade a idiosyncratic from providing, oregon from participating successful the proviso of, specified a service.”

Robert E. Reynolds, the lawyer representing the plaintiffs, said the instrumentality has prevented demonstrators from engaging successful what they telephone “sidewalk counselling.” Georges Buscemi, president of the coalition, said successful an interrogation that “sidewalk counselling” is simply a peaceful mode to suggest alternatives to terminating gestation and does not artifact entree to the facilities.

Reynolds argued that the instrumentality efficaciously banishes demonstrators from expressing their views successful a nationalist space, undermining antiauthoritarian debate. Therefore, helium added, the instrumentality should beryllium struck down arsenic “inoperable and unconstitutional.”

“The plaintiffs person without a uncertainty the close to peacefully workout their close to state of look … and much specifically connected sidewalks successful beforehand of buildings wherever abortions are provided,” helium said.

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However, provincial authorities lawyers argued the proviso successful the instrumentality was enacted to support susceptible women from harassment and intimidation. Before it was introduced, 2 of the 3 clinics warring the situation — Fémina Medical Clinic and Morgentaler Clinic — had to get injunctions against protesters, they noted.

Lawyer Éric Cantin said the bounds connected protesters’ Charter rights is justified and tenable erstwhile balanced against the close of women and unit to participate the facilities without being targeted by protesters attempting to dissuade them from accessing termination services.

“We’re not forbidding each protests. We’re not forbidding the spreading of a message,” Cantin said, explaining that the demonstrators are escaped to explicit their views extracurricular of the buffer zones.

Joséane Chrétien, 1 of the lawyers representing the 3 clinics providing termination services, said that protesters person subjected women and unit to assertive and convulsive behaviour.

Chrétien said that astatine slightest 1 of those radical has been “attacked,” and she alleged that Brian Jenkins, 1 of the plaintiffs, has followed radical and published accusation astir them online.

“He has imposed himself connected patients and the radical who travel them. He follows their movements. He puts them successful a repertoire and catalogues them. He puts them connected his blog,” she told the court. “These are not peaceful actions.”

Quebec Superior Court Justice Lysane Cree has reserved her decision.