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NDP tables bill to ban pro-life protests near abortion clinics

May 16, 2021 | 1:15 PM

The Saskatchewan NDP wants to ban pro-life protests near abortion clinics.

Its Women’s Status Critic, Jennifer Bowes introduced a bill that would limit anti-abortion protests inside a “bubble” of 150 metres from any facility that performs abortion.

She told reporters at the Saskatchewan Legislature Wednesday, the goal is to make sure women are not stopped from receiving health care.

“What we would view as harassment or intimidation would be people present, often with signs. Those signs and slogans are often very offensive in nature and very intimidating to women who are looking to access this medical service, so that would be a prime example of what we would consider harassment or intimidation,” she said.

The bill would also regulate what she calls “harassment” over the phone and online.

When asked whether conduct from protesters would need to meet the criminal definition of harassment to be limited by this bill, she wasn’t completely sure.

“I’m not a lawyer, but my understanding is that I don’t think it would meet the threshold. But this is something that we feel is necessary to ensure people’s access to their constitutionally protected right to access health care free of harassment or intimidation,” she continued.

Reporters also asked Bowes whether this new bill would infringe on freedom of expression.

“We don’t take that lightly, and that’s something that we are extremely careful about restricting … However, if what their actions are doing are infringing on people’s rights to access health-care services free of harassment and intimidation under the constitution, we believe those rights would trump the rights of protest in this capacity,” she responded.

The bill was read for the first time in the last week of the Legislative Assembly’s session. It will not be read and considered again until fall.

Gord Wyant, the Saskatchewan Party government’s minister of justice, gave his first impressions on the bill Wednesday.

“The government supports the tenets of the Canada Health Act. Certainly, women have the right to obtain reproductive services, abortion services, without fear of intimidation or harassment,” he began.

Wyant continued, saying it’s far too soon to make a firm decision on this particular bill, as he had just seen it for the first time when questioned.

“I do want to look at the legislation and make sure that it fulfills the public policy concerns that have been expressed by the Opposition,” he continued.

Wyant mentioned he would like to study similar laws from other provinces, such as Alberta and B.C., before making any firm decision.

When asked if he believed it was all right to regulate protest, he said that’s a major reason why the government needs more time to make a decision.

“It’s a fine line between protests and actual intimidation,” he said.

“That’s really kind of in the eyes of the beholder … That’s why we want to look at what other provinces have done, how they’ve defined that and have a look at it with our folks in the Ministry of Justice … People in this country have a right to protest, but also people have the right to ensure that they get access to services free of that intimidation.

“Where that crosses the line, that’s where the difficulty arises. We want to make sure that those interests are properly balanced.”

— With files from 980 CJME’s Lisa Schick

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