Priest to challenge ‘bubble zone’ law
OTTAWA • A Roman Catholic priest charged under Ontario’s new “bubble zone” law protecting abortion clinics is vowing to challenge the accusation as a violation of his constitutional right to freedom of expression.
Rev. Anthony Van Hee, 83, a fixture on Parliament Hill for his anti-abortion protests, moved his silent demonstration across the street from the Morgentaler Clinic, on Bank Street near Sparks, on Oct. 24.
It wasn’t long before two Ottawa police officers came by to remove his signs and write up an offence under the Safe Access to Abortion Services Act, summoning him to court Nov. 16.
He is charged under a section that prevents anyone — within 50 metres of the entrance — from even “attempting to intimidate” a person who wants to access a clinic.
Importantly — and it will form part of the defence — neither of his signs made reference to the clinic, or pro-life, or abortion, or contained graphic images that have bothered clients in the past.
One side of the sandwich board read “The Primacy Of Free Speech/Cornerstone of Western Civilization,” while the other said “Without Free Speech/The State Is A Corpse.” In photographs taken by a sympathizer, Van Hee is seen sitting on his trademark portable stool, which he has used on the Hill near the Centennial Flame for roughly 28 years.
Van Hee declined to comment on Wednesday, referring questions to his lawyer.
However, in a story on the website LifeSite, Van Hee says he will go to jail rather than pay a fine and, once there, begin a fast in protest. “It’s wrong and it has to be challenged and that’s why I’m willing to go to court.”
Ottawa lawyer Albertos Polizogopoulos confirmed he is on the case.
While just freshly retained, he said the defence will argue that — at face value — the words on the sign do not constitute an attempt to intimidate anyone.
Secondly, the lawyer said the bubble zone law is “overbroad” in how it restricts a person’s Charter right to freedom of expression. “This case is about whether the government can pass legislation that muzzles freedom of expression and, if so, how far can they go?”
Polizogopoulos said he believes this is the first time that Ontario’s bubble-zone provisions — only a year old — have been challenged on constitutional grounds.
Charges under the act, in fact, are rare.
The only other case the lawyer knew about in Ontario were charges against Cyril Winter, a longtime demonstrator outside the Ottawa clinic who was remarkable — and sometimes reviled — for the graphic photos and messages he used.
Only days after regulations came into effect in February, Winter, 70, was hit with five offences, including recording individuals passing along the sidewalk near the clinic. He was keen to defend himself but unexpectedly died of cardiac complications on March 9, days before his first court appearance.
Cases in Provincial Offences Court are typically heard by justices of the peace. Polizogopoulos said JPs can entertain Charter arguments but it is likely impossible that an entry-level court has the authority to strike down a provincial statute.
The case, however, will be closely watched across Ontario. Campaign Life Coalition has been monitoring the bubble-zone issue, which affects eight clinics, and has registered its opposition with the newly-elected government of Progressive Conservative Doug Ford.
The coalition takes some solace in the way Ford has waded into the issue of free speech on university campuses, promising to tie funding to more open policies on expression. A spokesman for the ministry of the attorneygeneral indicated that reviewing the bubble-zone law is not a priority.
WITHOUT FREE SPEECH THE STATE ISA CORPSE.