ST. JOHN'S, N.L. -- Legislation is planned to establish protest-free buffer zones around abortion clinics in Newfoundland and Labrador, but one facility won't have to wait for a bill to be tabled this fall.
Lawyer Lynn Moore said an agreement was reached Tuesday in Newfoundland and Labrador Supreme Court between the Athena Health Clinic, two named protesters and "persons unknown" that restricts protesters from demonstrating within a 40-metre radius of the St. John's clinic -- roughly the length of three school buses.
Newfoundland and Labrador Justice Minister Andrew Parsons recently announced that he plans to introduce legislation this fall establishing such buffer zones.
Moore said the Athena Health Clinic was encouraged by the proposed legislation, but felt they simply could not wait until the fall as news of the bill sparked increased protests. Protesters also recently starting photographing and videotaping people coming in and out of the facility, she said.
"It just got to a point where my client felt that between the stress on her patients and herself and her staff, that she just couldn't wait," said Moore, adding that the agreement also means demonstrators cannot take photographs or video.
"(The agreement) means that they can do their work in peace and that something that is a very difficult decision for people to have made, they're going to be able to carry through with that decision in much more peaceful circumstances."
Moore said the clinic recently moved and started sharing space with another medical centre that provides an array of services, including treating people with mental health and addictions issues.
"The protesters were unaware if they were protesting clients that were going to have an abortion or clients that were going to seek other services," said Moore. "There was actually one maternity patient who was on her way in and they told her that she was killing her baby and refused to move out of her way."
Moore said the clinic's owner says it's the first time in 26 years that clients and staff can access the clinic without fear of being intimidated, threatened or harassed.
Lawyer Bob Simmonds, who represented the two protesters named in the injunction, said using "common sense" led to a quick agreement between the two sides.
"These are highly emotional and sensitive issues on both sides, but common sense prevailed," said Simmonds, adding that the planned legislation was top of mind.
"I also had to have an understanding and a respect for the views and the rights to privacy of the other people that are utilizing the clinic and who work there... so common sense told me this was likely going to be the outcome at the end of a hearing and it's far better for two sides to reach an agreement than have a judge lay one down."
Parsons has said the proposed legislation would strike a balance between the constitutional right to free expression and a person's ability to access health-care services without "feeling intimidated or harassed."
He has said the draft legislation would be modelled after British Columbia's Access to Abortion Services Act, which makes it a crime to protest or interfere with a patient or provider within a 50-metre "bubble zone" surrounding an abortion clinic.
The law was upheld by the highest appellate court in the province in 2008 and the top court in the country has declined to hear appeals by protesters convicted under the act.
By Aly Thomson in Halifax.
