Judge upholds injunction to stop abortion

Press, 19 July 1989, Page 10

Judge upholds injunction to stop abortion

NZPA-AP Vai d’Or, Quebec A Quebec Superior Court judge yesterday upheld an injunction won by a pregnant woman’s former boyfriend preventing her from having an abortion. “A conceived child that is not yet born is a human being under Article One of the Quebec Charter of Rights and Freedoms,” and thus has the right to life guaranteed every person, said Justice Jacques Viens. He said the mother, Chantal Daigle, faced a difficult and painful problem, but the court had to rule in favour of the foetus. “I feel like a victim,” said Ms Daigle, aged 21. “I still have hope and it is still my choice. I have more rights than a 20-week-old foetus.” Her lawyer planned to appeal the ruling tomorrow. She told reporters outside the court that she would wait until the appeal was heard before taking action on the abortion. Ms Daigle’s former boyfriend, Jean-Guy Tremblay, aged 25, hugged his lawyer and anti-abortion-ists who had come to the courthouse to hear the

judgment. “I intend to raise the child,” said Mr Tremblay. Ms Daigle’s lawyer, Daniel Bedard, said the ruling would mean that anyone can intervene on behalf of the foetus and say it has rights.

“This means no more abortions and. means women will have to be silent,” he said. Mr Bedard had argued that the judge’s job was to “apply the law, not create it.” He said the injunction should be quashed since there was no law to base it on. The Supreme Court of Canada last year struck down the country’s abortion law, which permitted abortions under certain conditions. Canada now has no criminal law governing abortion. The case is the third of its kind this month to grab headlines in Canada. In Toronto last week, Barbara Dodd had an abortion hours after the Ontario Supreme Court quashed an injunction obtained by her former boyfriend. In Winnipeg, a single mother, aged 20, had an abortion shortly after a court decision struck down an injunction obtained by her former boyfriend.