Morgentalers latest (and last?) legal battle happening now in New Brunswick
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The New Brunswick government is challenging Dr. Henry Morgentaler's
right to sue the province over its abortion policy, which only allows
medicare coverage for abortions if they are approved by two doctors
and performed by a gynecology specialist.
Morgentaler claims the policy violates the Canada Health Act. He wants
public funding for clinic-based abortions, which can be accessed
without a referral, and can be performed by a general practitioner
instead of a specialist. He operates a private clinic in Fredericton.
As the case opened in a Fredericton courtroom Wednesday, provincial
lawyer John Fury told the court Morgentaler doesn't have legal
standing to challenge the policy. He said it could be challenged only
by a woman who has had an abortion, or a woman who hasn't been able to
afford one.
If a potential plaintiff is worried about the stigma of going public,
Fury said, the province would agree to grant her anonymity in court.
However, a University of New Brunswick law professor, Jula Hughes,
said she is confident Morgentaler will get standing to pursue the
lawsuit.
Morgentaler's lawyer Darlene Jamieson said her client should be
allowed to take the case forward.
She said he's already won previous legal battles with New Brunswick -
and with several other provinces - on the same issues.
She said a ruling that Morgentaler can't sue would end the case, and
leave in place a policy that effectively restricts access to the
procedure.
Justice Paulette Garnett hasn't set a date for when she will rule on
the government's challenge.