News

By Quebec Life Coalition — Photo: thodonal/Adobe Stock

Montreal, QC — November 7, 2024

Campagne Québec-Vie (also known as Quebec Life Coalition), a prominent pro-life organization in Quebec, is set to bring its case against the province’s 50-meter buffer zone law before the Quebec Superior Court. The trial, presided over by the Honorable Justice Lysane Cree, will be held at the Montreal courthouse in room 16.12, beginning on Monday, November 11, and is expected to continue through November 18.

The plaintiffs—Dr. Roseline Lebel Caron, Brian Jenkins, and Campagne Québec-Vie—are challenging Article 16.1 of Quebec’s Health and Social Services Law. Enacted in 2016, this legislation prohibits demonstrations within 50 meters of any facility where abortions are committed. The law, aimed at preventing protestors from dissuading women seeking abortions or condemning clinic workers, threatens penalties for peaceful gatherings near these facilities.

Campagne Québec-Vie contends that this law infringes upon their fundamental rights to freedom of expression and peaceful assembly, as guaranteed by both the Canadian and Quebec Charters of Rights and Freedoms. In their arguments, the plaintiffs emphasize that the buffer zone law goes beyond safeguarding public order and instead hinders legitimate public discourse on a contentious issue.

“Public spaces, particularly sidewalks, are essential venues for public expression, even if the messages shared may be uncomfortable or unpopular,” the plaintiffs argue. They maintain that their peaceful demonstrations, including signs bearing messages like “Pregnant & Worried? We can help you” and “Pray for an end to abortion,” do not obstruct access to clinics and are not disruptive.

Quebec’s buffer zone law enforces significant restrictions on pro-life advocates by banning their presence near clinics and imposing fines up to $2,500 for individuals and $5,000 for organisations. Campagne Québec-Vie argues that this restriction serves the private interests of abortion clinics rather than any pressing public need, and that it disproportionately limits their freedom to share an alternative perspective.

The organization is urging the Quebec Superior Court to declare the buffer zone law unconstitutional and inoperative, claiming it fails to meet the rigorous standards of the Oakes test, a legal benchmark used to assess the justification of rights limitations in Canada. The plaintiffs argue that there is no evidence proving that peaceful sidewalk counselors endanger women’s safety, health, or well-being.

“After years of waiting, it’s time to present our case and to advocate for the right to share our message,” stated Campagne Québec-Vie, echoing the frustrations raised in their December 2022 article, “Justice delayed is justice denied.”

The trial comes after years of delays and is a critical opportunity for Campagne Québec-Vie to argue for the right to peaceful assembly and freedom of speech around abortion facilities.