New Brunswick Appeals Court Ruling Allowing Morgentaler Tax-Funded Abortions
by Steven Ertelt
LifeNews.com Editor
November 7, 2008
Fredericton, Canada (LifeNews.com) — The Canadian province of New Brunswick has appealed a court decision allowing infamous abortion practitioner Henry Morgentaler the ability to sue to require it to pay for abortions at his business. Morgentaler’s bid to make citizens fund abortions at his private abortion business dates back to 2003.
New Brunswick Court of Queen’s Bench Judge Paulette Garnett ruled in August that Morgentaler has the right to challenge the policy preventing the province from paying for abortions not done at a public hospital.
The current provincial policy requires two physicians to sign off on the abortion for it to qualify for funding.
The provincial attorney general has filed an appeal in the case and says Morgentaler shouldn’t have standing to sue on behalf of the women who get abortions from him. Judge Garnett rejected that argument.
"There are many valid reasons why women who have had abortions at the Fredericton clinic would not or could not bring this challenge," Garnett ruled. "Dr. Morgentaler is therefore a suitable alternative person to do so."
According to the Daily Gleaner newspaper, the appeal notice says Judge Garnett erred in her ruling by wrongly determining that public-interest standing is different from the legal capacity required in the Rules of Court.
Peter Ryan, executive director of New Brunswick Right to Life, told the newspaper he is happy the province filed an appeal.
"This is good news," he said. "There is no reason not to appeal."
Ryan said Premier Shawn Graham notified him of the intent to appeal and he says abortion is an elective medical procedure that should not qualify for public funding.
Women going to Morgentaler’s abortion business in Fredericton currently pay about $750 Canadian for an abortion.
The 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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