Appeals Court Upholds Morgentaler’s Right to Challenge Abortion Policy
Yesterday, the New Brunswick Court of Appeal dismissed the province’s appeal of a recent Court of Queen’s Bench ruling that gave NAF member Dr. Henry Morgentaler standing to challenge New Brunswick’s restrictive policy on abortion funding.
Chief Justice Ernest Drapeau wrote in the decision that, “neither the Province’s primary nor its alternative contention comes close to passing muster.” The Court of Appeal was unable to find “even a hint of reversible error” and dismissed New Brunswick’s appeal. The Court also ordered the province to pay Dr. Morgentaler $5,000. The New Brunswick government is currently reviewing the decision.
Dr. Morgentaler is suing the New Brunswick government for its refusal to fund abortions at his clinic. According to Canadian law, an individual must have standing in order to bring a case forward. New Brunswick prosecutors have repeatedly challenged Dr. Morgentaler’s standing due to the fact that he is not a woman.