Fredericton, Canada (LifeNews.com) -- The Canadian province of New Brunswick will not appeal a Court of Appeal decision that unanimously ruled against the province on taxpayer funding of abortion. New Brunswick has been fighting with infamous abortion practitioner Henry Morgentaler on paying for abortions through the health care program.

Last November, the provincial government appealed a court decision allowing Morgentaler to sue to require it to pay for abortions at his business.

The Court of Appeal upheld the ruling of Court of Queen's Bench judge who said Morgentaler could sue. His bid to make citizens fund abortions at his private abortion business, at a cost of $750 each through the medicare program, dates back to 2003.

The Liberal government's decision paves the way for the actual lawsuit to move forward and Health Minister Mary Schryer announced today that the province will accept the court's decision that Morgentaler has legal standing.

"The legal case will continue to move forward. The position of the province of New Brunswick has not changed in respect to this issue. As the larger legal matter remains before the courts, I will not make further comments," she said.

New Brunswick officials say that Morgentaler doesn't have standing because he is not an abortion customer who wants an abortion paid for with public funds.

Simone Leibovitch, the manager of the Morgentaler clinic in Fredericton, told the CBC that the province should give up defending the limits on abortion funding.

In the ruling, Chief Justice Ernest Drapeau, said women doesn't have the same means as Morgentaler to file a lawsuit for abortion funding, so he is entitled to do so on their behalf.

The bench judge's decision in the case came on the heels of a nationwide pro-life protest following Morgentaler receiving the Order of Canada award.

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