Chapter 2 Case Study Assignment.

Case Study & Questions Access to Abortion Services Act: is a law in the Canadian province of British Columbia. Enacted in September 1995, it protects access to abortion services by limiting demonstrations outside of abortion clinics, doctor's offices, and doctor's homes. It creates an "access zone" or bubble around the facility in which such activities as protesting, sidewalk counseling, intimidation of or physical interference with abortion providers or their patients are prohibited. This distance varies depending upon the building's type, with protests outside of doctor's offices being restricted to coming within 10 meters, up to 50 meters for hospital or clinic, and 160 meters for a doctor's home.

Case Study: R. v. Spratt, 2008 BCCA 340 (CanLII); application for leave to appeal to the Supreme Court dismissed June 18, 2009 Spratt and Watson were charged under the provincial Access to Abortion Services Act as a result of their activities outside of a Vancouver health clinic. Signs stating, You shall not murder and Unborn Persons Have the Right to Live were waved within a bubble or access zone outside the abortion clinic. The law aims to protect women from interference in this zone. The accused argued that the law violates their freedom of expression.

Questions:

1) Do you think the accused is correct in the argument that it violates their freedom of expression? Why or Why Not? Please explain.

2) Whose rights should be paramount in cases such as this? The patient or the accused? Please explain.