British Columbia Appeal Court Upholds Provincial 'Bubble Zone' Law On Abortion Protests

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 09 Sep 2008 - 11:00 PDT

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The British Columbia Court of Appeals on Thursday unanimously upheld a provincial "bubble zone" law that prevents antiabortion advocates from protesting within 50 meters of abortion clinics, rejecting an appeal made by abortion-rights opponents who claimed the law violated their freedom of expression, Reuters reports (Reuters, 9/4). The law, passed in 1995, was designed to protect clinic workers and patients and ensure women have safe access to abortion services (Stueck, Globe and Mail, 9/5).

The "objective of the act justifies the limited infringement of freedom of expression in the circumstances," Justice Catherine Anne Ryan wrote in the ruling. Two abortion-rights opponents, Donald Spratt and Gordon Watson, in 1998 intentionally violated the law in an attempt to have it overturned in court (Reuters, 9/4). The two men were convicted of violating the law in August 2000. The convictions later were dismissed by the British Columbia Supreme Court in 2002, and Spratt and Watson took the case to the appellate court (Globe and Mail, 9/5). The men argued that the protection zone was too large and that it is no longer needed because the tone of antiabortion protests has changed (Reuters, 9/4).

Reaction

Provincial Attorney-General Wally Oppal said that the decision is "in the best interest of women in the province," adding that the court "conceded" that the law is a "justifiable" infringement on freedom of expression and that it "serves a legitimate purpose in a free and democratic society." Jill Doctoroff, director of the Elizabeth Bagshaw Women's Clinic, said that the decision "means that women will be able to access [abortions] in a private, dignified and respectful manner," adding that staff members of abortion clinics will be able to go to work "without being harassed on a regular basis."

Spratt said he was "disappointed but not surprised" by the ruling and said he hopes to appeal the decision to Canada's Supreme Court (Globe and Mail, 9/5).

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