Canada Province Considering Appeal of Morgentaler-Tax Funded Abortions Case

International   |   Steven Ertelt   |   May 25, 2009   |   9:00AM   |   WASHINGTON, DC

Canada Province Considering Appeal of Morgentaler-Tax Funded Abortions Case

by Steven Ertelt Editor
May 25
, 2009

Fredericton, Canada ( — A staff member of an abortion business infamous abortion practitioner Henry Morgentaler runs in New Brunswick claims the provincial government is stalling on a lawsuit he filed to force taxpayers there to pay for abortions through the government’s 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.

Last week, the Court of Appeal unanimously ruled against the province and upheld the ruling of Court of Queen’s Bench judge who said Morgentaler’s could sue New Brunswick to get taxpayer-funded abortions for his customers.

Morgentaler’s 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.

Now, Peggy Cooke, who works at the abortion center, told the CBC she thinks the province is trying to stall the case as long as possible. Because Morgentaler is 86 and his health has begun to fail, Cooke believes new Brunswick officials are hoping he will eventually die, which would halt the legal proceedings.

"So I think they’re kind of waiting for him to give up and waiting for him to be incapable of doing it anymore," she said.

"There’s so much stigma with abortion, and secondly the money is a huge problem. It costs thousands and thousands of dollars to do this," Cooke said of the lawsuit and why no woman has filed on of her own.

That no one has filed a suit seeking a tax-funded abortion is part of what is at dispute in the case. 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.

On Friday, provincial Attorney General T.J. Burke told the CBC that the government is still considering seeking leave to appeal it to the Supreme Court of Canada.

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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