New Brunswick Right to Life

P.O. Box 113, Station A, Fredericton , NB E3B 4Y2
Tel. (506) 459-8990 or toll-free 1-888-796-9600. Fax (506) 454-8093.
Email nbrl@nb.sympatico.ca
Office: 562 Brunswick St. , Fredericton , NB

Life for All. Love for All.

March 26, 2004

Hearing Held on Pro-Life Intervention in Morgentaler Lawsuit against NB

Yesterday Judge David Russell, of the Court of Queen's Bench in Fredericton , heard the application of the Coalition for Life and Health to participate in the case of Morgentaler vs. New Brunswick . Morgentaler is suing over the province's refusal to fund abortions at his Fredericton facility.

David McMath represented the Coalition, which encompasses a number of provincial and national organizations including NB Right to Life, Focus on the Family and the Catholic diocese of Saint John . Anne Derrick, representing Henry Morgentaler, argued against the application. Nancy Forbes, representing the Attorney-General of New Brunswick , took no position.

Judge Russell reserved judgment on the application. There is no deadline for his judgement. Coalition coordinator Peter Ryan said, "Our best guess is that likely we will have the judgement within a month. I am hopeful that we will be accepted as an intervenor."

Among the evidence the Coalition wants to use is testimony from 47 Canadian women who have had abortions, including 9 from New Brunswick . Of the 47, 5 have had a total of 11 abortions at Morgentaler facilities.

The Coalition believes the case could be a watershed with respect to Canadian abortion rights. It considers Morgentaler's lawsuit as a vehicle for establishing a constitutional right to public-funded abortion on demand.

"At the heart of Mr. Morgentaler's position is a glaring contradiction, says its coordinator Peter Ryan. "On the one hand he says abortion is a matter of choice, which suggests it is an elective rather than medical necessity. But then he argues ending any unwanted pregnancy is indeed a medical necessity, so he can access public funding that is not available for electives."

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