Tuesday, the New Brunswick Court of Appeal heard remarks by the provincial government in NAF Member Dr. Henry Morgentaler’s lawsuit challenging the province’s restrictive policy on abortion funding. Current New Brunswick law dictates that a woman can only obtain a funded abortion if it is provided by an obstetrician-gynecologist, in a hospital, and only after two doctors have approved that it is medically necessary.
Canadian law requires that an individual have standing before bringing a case to court. This week’s appeal is a challenge to an August 2008 ruling, which granted Dr. Morgentaler standing to pursue his case against the New Brunswick government. Government prosecutors continue to challenge Dr. Morgentaler’s standing due to the fact that he is not a woman affected by this policy.
After hearing arguments on Tuesday, the three-judge panel reserved their decision until a later date.