Civil libertarians defend Whatcott (anti-choice activist, Canada)

[iverglas]

I'm betting that international perspectives will be more welcome here than they are in another forum I frequent. ;)

So I'll make it my job to keep y'all up to date on reproductive choice news in Canada.


http://www.canada.com/reginaleaderpost/news/story.html?id=907cc3be-7af9-41f8-be08-6a562baa0d0f

The Canadian Civil Liberties Association (CCLA) has come to the defence of an outspoken pro-life activist who was disciplined by a professional body over his picketing outside Planned Parenthood Regina.

"Pro-life" because the newspapers represented by canada.com are right-wing spew ... by Cdn standards.

"The CCLA is on record as being in favour of a woman's right of access to abortion and has intervened in cases in the Supreme Court of Canada to vindicate that right," he told reporters after Whatcott's case was heard by the Saskatchewan Court of Appeal on Tuesday.

"Here we didn't see that right directly threatened as we understood the case. We were more concerned about the freedom of expression limitations that were involved in the case."

Except, of course, that -- whether women's rights were interfered with -- actually has nothing to do with the case.

Whatcott, a suspended licensed practical nurse, is appealing a decision by the discipline committee of the Saskatchewan Association of Licensed Practical Nurses (SALPN) that found him guilty of unprofessional conduct over his protests in front of Planned Parenthood in 2002 and 2003. ...

... The disciplinary committee found his comments untruthful and defamatory, which was unprofessional conduct, she said. Because the comments were untruthful, defamatory and unprofessional, it's a justified infringement of Whatcott's Charter rights, she said.

What a stooge of the imperialist running dogs. Here are the services provided by Planned Parenthood Regina:

http://www.swo.gov.sk.ca/org.aspx?p0=151

Provides free and confidential sexual health services to the community, with a focus on the needs of young women and men. Provides education on birth control and unplanned pregnancy options; free pregnancy testing; STD information, testing and treatment; medical examinations; prescriptions for contraceptives; contraceptives at cost; free condoms; and referrals. Pro-choice and non-judgemental.

-- PP in Canada does not provide abortion services, for the love of ...


The article is dated today, so I'll let you all know what happens.

[ismnotwasm]

1. That is one of the most irritating aspects of the anti-choice

Shitheads. They'll target an organization that provides multiple and valuable reproductive and other health services, and call it "an abortion clinic"

The problem with the freedom of expression defense is that the protester is intimidating and interfering with a person's right to get access to health care. It's conceivable that someone entering the clinic has something seriously wrong with them-- like cancer symptoms-- and they aren't aware of what such symptoms mean. Getting in that clinic may save a life. "Pro-life" my ass.

These protesters are also targeting the poor--a clear inequity. It doesn't matter if he's not physically touching people. Was he yelling at them? Calling them baby-killers or the like? That is assault (In the US anyway) and the protester needs to go to jail. I doubt if he was quietly standing there holding a sign.

[iverglas]

2. and the other problem with that "freedom of expression defence"

is that it simply has nothing to do with the situation here. This cretin isn't being *punished* for expressing his views.

He was disciplined by the professional body he belongs to, which has the authority *and the duty*, under the powers delegated to it by govt, to ensure that its members comply with professional standards.

Now, are his actions on his own time relevant to his membership in that body? That is likely the real issue, despite the obfuscating from the civil liberties bozos.

Up here, there isn't really an issue of access to medical services, or the vulnerability of the poor. Everybody has access to everything. PP probably does provide confidential services to adolescents, for instance, who might be unwilling to go to a family doctor for pregnancy tests or contraceptive counselling. I wouldn't even know where to find a PP facility that provides that kind of service where I'm at. There are all kinds of community health clinics that do outreach work, all funded by the provincial health plan, so PP just isn't really needed here, for individual health services.

I'd never heard of Whatcott -- I live far from Saskatchewan -- and just ran into this when I googlenewsed canada abortion to see what might be up. But here's a decision in human rights complaints filed against him:
http://www.saskhrt.ca/forms/index/Descisions/050205.htm

The four complaints were filed with the Saskatchewan Human Rights Commission relating to flyers that were published and distributed by William G. Whatcott. The complaint of Kathy Hamre was in respect of an alleged violation which took place on or about April 8, 2002 in Regina. The substance of the complaint is as follows:

“William G. (Bill) Whatcott and a group known as the Christian Truth Activists published and distributed a flyer in Regina on or about April 8, 2002. This flyer promotes hatred against individuals because of their sexual orientation.”

<Promoting hatred against members of protected groups is prohibited in provincial human rights legislation. This is how we get hatemongers off the telecommunications system, for instance.>

The complaint of, Guy Taylor, was in respect of an alleged violation which took place on or about September 9, 2001 in Saskatoon. The substance of the complaint is as follows:

“On or about September 9, 2001, a flyer was delivered to my door by the Christian Church Activists, which I believe is operated by William G. Whatcott of Regina. This material referred to gay, lesbian and transgender people as sick and predatory. I believe this material promotes hatred toward persons who are gay, lesbian or transgendered and is contrary to Section 14 of The Saskatchewan Human Rights Code.”

Quelle surprise, eh? The decision reviews all the facts and law, and then:

In the result I therefore order that the Respondent, William G. Whatcott pay to the Saskatchewan Human Rights Commission, 8th Floor, Sturdy Stone Building, 122 - 3rd Avenue North, Saskatoon, Saskatchewan, S7K 2H6, the following amounts, for distribution to the Complainants:

1. The sum of $2,500.00 for the Complainant Guy Taylor;
2. The sum of $5,000.00 for the Complainant Brendan Wallace;
3. The sum of $5,000.00 for the Complainant James Komar;
4. The sum of $5,000.00 for the Complainant Kathy Hamre;

In addition there will be an order pursuant to s. 31.3 (a) of the Code prohibiting William G. Whatcott and/or Christian Truth Activists from distributing the flyers listed in Schedules “D” to “G” of the Agreed Statement of Facts, or any similar material which promotes hatred against individuals because of their sexual orientation.

Hah.

A library's list of holdings about him:
http://library2.usask.ca/srsd/perceptions/2465.html
-- quite the charmer. Our own Phelps the lesser. We do have numbers of them.


Ah, this will be the facts of the discipline case:
http://www.ccrl.ca/index.php?id=475

The CCLA filed an affadavit declaring that the organization backed the rights of pro-life nurse Bill Whatcott, who in 2004 was fined $15,000 and given a 45-day suspension after the Saskatchewan Licensed Practical Nurses Association Discipline Tribunal found him guilty of two counts of professional misconduct for picketing in front of Planned Parenthood Regina. PPR had sued Whatcott after he demonstrated outside the facility carrying signs that stated, "Planned Parenthood will give you AIDS" and "Planned Parenthood corrupts your people" and a sign referring to the organization as "baby killers." Whatcott refused to pay the fine and has been suspended indefinitely.

His legal defense has fought the ruling in lower courts for the past three years--the case is soon to go before the Saskatchewan Supreme Court.

CCLA General Counsel A. Alan Borovoy filed the affadavit defending Whatcott's position, stating that "it is on the issue of Mr. Whatcott's freedom of expression that the CCLA seeks to intervene."

Borovoy stated that the CCLA is primarily concerned with the "protection of civil liberties and the promotion and legal protection of individual freedom and dignity against unreasonable invasion by public authority."

Alan Borovoy is an asshole, and I have never been a fan of "civil liberties" organizations.

Ah -- better facts -- the decision now being appealed:
http://www.cbc.ca/canada/saskatchewan/story/2006/07/19/abortion.html

An outspoken nurse who was suspended for picketing a Planned Parenthood office in Regina has lost his bid to recover his nursing licence and $15,000 in penalties.

Justice Ron Barclay of the Saskatchewan Court of Queen’s Bench agreed with Bill Whatcott that a section of The Licensed Practical Nurses Act, 2000 could infringe on his freedom of expression.

But the judge said Whatcott was not justified in the "defamatory" and untrue statements he made against Planned Parenthood Regina. Furthermore, he breached a nursing association bylaw that governed his professional conduct.

"Even though the appellant was off duty while these acts occurred, his actions caused harm to the patients of the Planned Parenthood centre which provides health services to the community," Barclay wrote in a judgment released Tuesday and published in the Regina Leader-Post.

"In other words, the activities or conduct of the appellant negatively impacted the health system as it relates to the Planned Parenthood centre."

Now you can envy us the common sense of our courts. ;)

[iverglas]

3. and in other Cdn news

This actually comes from the UK, a letter to the editor of a paper there, from a Cdn doctor:

http://www.theherald.co.uk/features/letters/display.var.1466474.0.0.php

I am visiting from Canada and have been interested in the current correspondence and statements regarding termination of pregnancy; a service I proudly provide myself. I may also add that I have rarely seen a patient go through with abortion without tears; it is not a lightly considered decision.

Thankfully the Supreme Court of Canada has ruled that this is a matter between a woman and her doctor. No paternalistic committee's blessing is required. Every pregnancy should be a wanted pregnancy and every child should have the chance of a healthy start to life.

I also have the strong opinion that men, unsympathetic to women's lives, should avoid this debate: it is a female issue. Male-dominated religions and institutions are a source of much lamentable intolerance and suffering in this world.

Women have, and shall always have, a vital and indispensable role in human existance. When they wish to control their basic functions, men should stay well clear.

A male Cdn doctor. ;)

There is also a letter at that page from a UK doctor who dealt with backstreet abortions early in his career, and another from an academic on the ethics (lack thereof) of RC church officials comparing abortion to the mass murder of schoolchildren.



edited to add one of the original articles:

http://www.theherald.co.uk/news/news/display.var.1460948.0.0.php

Lord Steel of Aikwood has criticised Scotland's leading Roman Catholic for likening the abortion rate to the equivalent of "two Dunblane massacres a day".

The Liberal Democrat peer also rejected Cardinal Keith O'Brien's claims that the Abortion Act - which Lord Steel piloted through the House of Commons when he was an MP - was founded on "lies masquerading as truth".

... The cardinal told parishioners at St Mary's Cathedral in Edinburgh: "The abortion industry has impacted massively on the values of our society as its proponents continue to spread their culture of death. There is acceptance of a philosophy, which permits the destruction of children in the haven of their mother's womb."

... But it was his Dunblane comments which proved the most controversial.

He said: "We are killing in our country the equivalent of a classroom of kids every single day. Can you imagine that? Two Dunblane massacres a day in our country going on and on. And when is it going to stop?"

When your god stops making women pregnant against their wishes, I'd guess.

Last week, a 10-minute rule was introduced at Westminster by Ann Winterton, a Tory MP, which would compel all women seeking an abortion to receive counselling and information on the potential effects of the procedure, as well as introducing a seven-day "cooling off period".

A SEVEN-DAY "cooling off period"? Words escape one.

[bliss_eternal]

4. I love hearing about global choice

I find Canada particularly interesting, as it has always seemed (to me)respectful of women's rights. Of course until some there decided they needed to emulate the powers that be here in the US. :( :cry::mad:

I used to frequent a midwifery site (still do from time to time). Anyway, I was shocked to find so many anti-choicers have infiltrated the midwifery community. I bring this up because I found it interesting that a few of the very vocal "pro" supporters were midwives from Canada and the UK. ;)

Thank you for taking this on for us, iverglas. :thumbsup: