Abortion clinic 'buffer zones' coming to Ontario

New legislation would outlaw demonstrations, harassment within a minimum of 50 metres of a clinic.

Thestar.com
Oct. 4, 2017
By Kristin Rushowy

The Ontario government has introduced groundbreaking legislation that will create protest-free buffer zones around abortion clinics, the homes of doctors and staff, and even pharmacies and offices that provide pills used to terminate pregnancy.

The zones will automatically be a minimum of 50 metres - and could be expanded to up to 150 metres - around clinics, and 150 metres around abortion providers' homes.

In the zones, protesters will no longer be able to approach, harass, dissuade or even provide information about abortion services. If they do, they'll face fines of $5,000 and six months in jail for a first offence, and up to $10,000 and a year in jail for subsequent ones.

Protesters will also be banned from targeting doctors and staff who work in clinics at any time - whether at work or out in public - once the legislation is passed.

A woman should be able to access abortion services "freely, without fear, without fear for her safety, privacy or dignity, without fear of being threatened with violence, harassment or intimidation," said Ontario Attorney General Yasir Naqvi in announcing the Safe Access to Abortion Services Act.

"No woman should ever have to take such things into account, and neither should the professionals who provide abortion services when they are just trying to get to work in the morning, like the rest of us."

He said reports of increasing anti-abortion activities in recent months - including a clinic in his own riding where a woman was spat on as she made her way past protesters - prompted the ministry to look at the issue.

"While I strongly support everyone's fundamental right to freedom of expression, our laws must balance that right with keeping people safe."

Sarah Hobbs Blyth, executive director of Planned Parenthood Toronto, said over the past two years, staff at her clinic have received hateful voice mails, seen objectionable materials posted on the building and had to deal with protests.

While she would have liked tougher penalties, "research shows the criminality of it - somebody gets charged - is enough of a deterrent," she said, lauding the government for the legislation.

Her clinic will soon be dispensing Myfegymiso, the abortion pill.

Under the proposed law, such zones are automatic for the province's eight dedicated abortion clinics, but hospitals, pharmacies and services like Planned Parenthood will have to apply.

Three months ago, the government announced it would also pay for Mifegymiso, which is why pharmacies and other providers are included in the proposed legislation.

Status of Women Minister Indira Naidoo-Harris, who also spoke at Wednesday's announcement, said the new law is "about fairness, it's about safety, it's about dignity and it's about basic human rights," calling it a "historic step forward toward the protection of clinics, facilities and most importantly, people."

Combined with free access to the abortion pill, she added, Ontario women have "more independence and more choice over their reproductive health."

Soon after the announcement, anti-abortion group Campaign Life said it "vows to stand together with Ontarians in opposing this direct attack on their freedom of speech, expression and assembly."

"Bubble zone legislation isn't about protecting women and abortion staff workers from violence, because there is no evidence of such violence. This is about silencing peaceful pro-life witnessing and preventing women from having access to alternatives," said president Jim Hughes in a written statement.

Ontario PC Leader Patrick Brown said he is pro-choice and supports women's right to access abortion services, and "that includes protecting women exercising their rights from intimidation or harassment."

While he accused the Liberals of reopening a debate about "divisive social issues," Naqvi shot back on social media, saying "women's safety is not a divisive issue."

In May, Naqvi said he planned legislation to shield patients and staff. His ministry held consultations over the summer, and looked at other provinces with buffer zone legislation, including British Columbia, Newfoundland and Quebec, which also impose fines and jail time.

Naqvi said some of the previous injunctions around abortion clinics issued in the past had expired, and the new law creates a single, universal rule that covers all existing and future clinics.

"We know some people will not agree with our approach," Naqvi said. "But that cannot, and will not, diminish our resolve ... (to) protect a woman's right to choose."

"We are not denying people's right to protest," he also said. "They are free to express themselves. But it has to be done in a manner that does not prevent a woman from accessing, safely, health-care services."