Brian Jenkins is among the protesters who must continue to maintain their distance from the Quebec abortion clinics, after the Superior Court of the province confirmed a law that requires a 50 -meter damping zone
It is a blow to the Vice President of the Coalition of the Life of Quebec (QLC). The organization with the mission of “building a Christian society” challenged a provincial law of 2016 that prevented the groups from protesting within 50 meters of an abortion clinic.
He argued that the law violated his civil freedoms, including freedom of expression and the right to meet.
On Monday, a Judge of the Superior Court of Quebec said that although an infraction of the Rights of QLC and its members has been demonstrated, “to protect the rights of dignity and privacy in access to medical services” guaranteed the need for the border.
In his opinion, Judge Lysane Cree said that the law guarantees the safe provision of social and health services to users.
“The evidence shows that a cushioning zone around clinics is necessary to guarantee privacy in a medical environment and the safety of all those who work or receive attention,” said the failure.
“The risks associated with not having a cushioning zone outside the clinics have been widely demonstrated.”
The Life coalition of Quebec, an anti -abortion group, challenged the 2016 law, arguing that it restricts freedom of expression. The decision of the Superior Court of Quebec determined that the law of fact limits freedom of expression, but that the limitation is reasonable.
The trial described how the group members positioned themselves as “advisors of the sidewalk” and maintain signals with photos of a fetus or messages like “pregnant and scared? … can we help you” or “pray for the end of abortion.”
The women’s reproductive health defenders say that the judge’s decision prioritizes medical care and access. Jenkins calls him “a blow to women’s rights. Rights to be informed.”
Protesters create shame and fear, says the defender
Jenkins protests daily in Montreal and tries to speak with women who enter the facilities to deter them from finishing their pregnancy.
Forced to retire from clinics it means that protesters are “out of the scene,” he said.
“I can’t see how harassment fits the image,” he said. “We want to support ourselves. We want to be useful.”
He says “cannot control people’s reactions” that could feel vulnerable or attacked.
“In our society we are seeing restrictions on freedom of expression and other areas,” he said.
TK Pritchard, executive director of Aborty Care Canada, says that using this type of argument denies responsibility. They say it is a way of speaking or acting without consequences.
“It can be 51 meters from the property and can still have their signs,” they said. “No one prevents you from sharing your opinions.”
With the abortion already highly stigmatized, Pritchard says that this judgment helps prevent more challenges and barriers for patients when they are on the site.
“When there are protesters, when there are people with signs who talk about abortion as murder … create a lot of shame for people and fear,” they said.
The courts weighed both rights sets, says the lawyer
In Canada, although it is more common to see protests against campaigns organized by anti -abortion groups, Pritchard says that the weather in the United States influences abortion care here.
This raises an interesting question about the effect of contagion, said Pearl Eliadis, associate professor at the Max Bell School of public policy that teaches civil liberties at the McGill University Faculty.
“We have begun to lose our approach a bit in the reproductive rights of women and in the massive success they have received since the ROE V. Wade case was canceled,” he said.
She says she is beginning to see “much more noise” about restricting women’s access to basic medical care services, particularly in the United States.
“People can say what they mean, but that next step, correct, when it comes to preventing access to medical care services, that leads to a completely different level,” he said, adding that the courts in this case were “quite correct to close it.”
She says that although the courts found that this law was a violation of civil liberties for QLC, it is a reasonable limit, particularly because it relates to access to medical care.
“The opening lines of the legislation in question talk about the importance of access,” said Eliadis. “When someone prohibits that access, it is a problem. And that’s how the courts weigh the two rights sets.”
Clinique Morgentaler, a center in Montreal that offers abortion, said in a press release that your staff should be able to go to the clinic without fear.
“We sincerely hope that the protesters against abortion respect this ruling, confirming the right and freedom of women to choose access to abortion clinics without any restriction,” said the statement.
Quebec Minister of Justice, Simon Jolin-Barrette, says that women have the right to access services without being intimidated.
“In Quebec, we can have different opinions, we can have our own opinion on the subject, however, it is a personal choice. We must respect personal choices regarding the medical services we receive,” he said.
