First charges laid under law for abortion clinic ‘bubble zone’

Man arrested near Morgentaler Clinic protested ‘censorship,’ carried crucifix

Ottawa police have laid their first charges after a demonstrator allegedly violated a new law that provides an automatic 50-metre “bubble zone” around abortion clinics in Ontario.

Police said a man was arrested Wednesday near the Morgentaler Clinic on Bank Street and charged with several offences under the Safe Access to Abortion Services Act, which came into effect Feb. 1.

The man, whose name was not released, was set free with a promise to appear in provincial offences court on March 23.

Police confirmed the charges were laid in connection with a protester who was photographed by a Citizen reader on Bank Street on Wednesday at about 1 p.m.

He was carrying a sandwich board with a sign that read: Freedom of Expression and Religion, No Censorship. Above those words was a copy of the Charter of Rights and Freedoms and a large crucifix.

He also appeared to be digitally recording people passing by on the sidewalk.

Amanda Carver, a leading organizer of the Ottawa Women’s March on Parliament Hill in January, happened to be in the area when she saw the hooded figure on the snowy sidewalk.

“I was a little incredulous because we were supposed to have the legislation to enforce against that.”

She said the man asked her if she was a parent and whether she cared about his charter rights to express himself, labelling her a bully. She was left with no doubt he was delivering an anti-abortion message.

“It was quite clear he was trying to skirt the letter of the law but not the spirit,” she said, pointing to the “meta” message in the words and religious symbol.

“He chose that specific location to deliver a specific message to people accessing that clinic. Sure, his signage is off, but how is this not menacing people accessing the clinic?”

Police have been monitoring the area closely since the law took effect and said several warnings have been issued in the past week, including to the man charged. They were responding to a number of complaints about the demonstrator.

Carver characterized the incident as “growing pains” for the new law.

“It’s an issue that a lot of people are really passionate about and everyone is going to test that boundary until we set it more firmly, right?”

Police did not specify which sections of the act were allegedly broken. However, it specifies that no one in the clinic’s access zone can “continuously or repeatedly” observe the facility or people entering.

It is also an offence to “film or videotape” those entering and to “perform or attempt to perform an act of disapproval” related to abortion services by oral or written means.

Penalties for the first offence include fines as high as $5,000 and as long as six months in jail.