Case summary
This case was about whether freedom of expression should be contained in order to guarantee the right to unimpeded access to abortion services.
West Coast LEAF’s involvement
In 2003, West Coast LEAF intervened in this case, as a member of a coalition, and argued that freedom of expression should be contained in order to guarantee the right to unimpeded access to abortion services. LEAF also argued that the Court should decline to decide whether a fetus has the right to life under Section 7 of the Charter, as argued by Demers, as the Act does not deal with the legality of abortion.
Decision
The Court ruled that a fetus is not a legal person, and does not have a right to life under Section 7 of the Charter. Given that this argument was Demers’ focus, the Court found it unnecessary to address the freedom of speech arguments.
Case documents
Factum – BC Court of Appeal
Decision – BC Court of Appeal
