Question

Case Study & Questions Access to Abortion Services Act: is a law in the Canadian province of British Columbia. Enacted in September 1995, it protects access to abortion services by limiting demonstrations outside of abortion clinics, doctor's offices, and doctor's homes. It creates an "access zone" or "bubble" around the facility in which such activities as protesting, sidewalk counseling, intimidation of or physical interference with abortion providers or their patients are prohibited. This distance varies depending upon the building's type, with protests outside of doctor's offices being restricted to coming within 10 meters, up to 50 meters for hospital or clinic, and 160 meters for a doctor's home.

Case Study: R. v. Spratt, 2008 BCCA 340 (CanLII); application for leave to appeal to the Supreme Court dismissed June 18, 2009 Spratt and Watson were charged under the provincial Access to Abortion Services Act as a result of their activities outside of a Vancouver health clinic. Signs stating, "You shall not murder" and "Unborn Persons Have the Right to Live" were waved within a "bubble" or access zone outside the abortion clinic. The law aims to protect women from interference in this zone. The accused argued that the law violates their freedom of expression.

Questions:

1) Do you think the accused is correct in the argument that it violates their freedom of expression? Why or Why Not? Please explain.

2) Whose rights should be paramount in cases such as this? The patient or the accused? Please explain.

Answer 1

The accused argument regarding the violation of their freedom of expression is valid, but the law aims to protect the safety and privacy of women seeking abortion services. The rights of the patient should be paramount in cases like this, ensuring women have the freedom to make decisions about their reproductive health without interference.

Step-by-step explanation:

1) The accused arguing that the law violates their freedom of expression is a valid argument. Freedom of expression is a fundamental right protected by the Canadian Charter of Rights and Freedoms. However, it is important to note that freedom of expression is not an absolute right and can be subject to limitations, such as the protection of public safety, health, or the rights of others. In this case, the law aims to protect the safety and privacy of women seeking abortion services, which could be considered a valid limitation on freedom of expression.

2) In cases like this, the rights of the patient should be paramount. The access to abortion services act is specifically designed to protect the rights and interests of women seeking abortion services. The law aims to create a safe and private environment for women to access healthcare without interference or intimidation. By prioritizing the rights of the patient, the law ensures that women have the freedom to make decisions about their reproductive health without undue influence or coercion.