A letter from high-profile defence lawyer Clayton Ruby prompted police to warn anti-abortion activists not to harass clients outside a Centretown clinic, where a Lenten season demonstration was being held from late February to early April.
Activists from the “40 Days for Life” campaign stood across the street from the Morgentaler Abortion Clinic at 65 Bank St. from Feb. 25 to April 5. They held signs with Christian, anti-abortion messages. On busy days, one person stood by the door of the clinic to hand pamphlets to people entering and leaving the clinic.
The brochures included phone numbers for counselling, information on pregnancy and abortion, and graphic images of aborted fetuses.
Ruby, the Toronto lawyer who represents the Morgentaler Clinic, wrote a letter to the Ottawa Police Service in March saying that some of the activists were harassing clients. Ruby, one of Canada’s best known lawyers, said demonstrators are not allowed to hang around the door of the clinic distributing leaflets. They could be charged with harassment, breach of contract, nuisance and mischief, he said.
Early in the morning on March 19, protester Doris Germain-Gagnon gave one of the pamphlets to a man wearing a Georgetown Hoyas sweater at the door of the clinic.
“When I handed it to him, he said: ‘I’m not pregnant,’” said Germain-Gagnon. “I said: ‘I know, but maybe you can give it to someone who needs it.’ It was clear he didn’t want to talk and I don’t push, so I left him alone.”
Shortly after, an unmarked car pulled up. The driver was a uniformed police officer. The man in the Georgetown sweater opened the passenger door and showed his police badge, Germain-Gagnon said. He identified himself as a police officer and told her she was not under arrest, but warned her not to obstruct or harass clients, Germain-Gagnon said.
“By his own admission, we weren’t doing anything wrong,” Germain-Gagnon said. “We know this is difficult and the last thing we want to do is make it worse for people.”
She added: “Obviously the clinic doesn’t want us there and they’re going to get us to leave if they can. But we live in a free country.”
At about noon that day, the same police officer came back and gave Germain-Gagnon a copy of Ruby’s letter.
Paul Lauzon, the Ottawa co-ordinator of the 40 Days for Life campaign, discussed the legality of the protest with the officer shortly after the incident.
“We have a right to be there, but if we obstruct customers we will get charged,” Lauzon said. “I wouldn’t call it a threat, but as we say in French, it was a ‘mise en garde.’ ”
After taking a 13-day break from protesting while Lauzon sorted things out, Germain-Gagnon returned to the clinic on April 2 to hand out pamphlets. This time she had a partner, Nelda Saumure. Germain-Gagnon and Saumure stood a few metres farther from the door than Germain-Gagnon had before. Lauzon stood across the street with a sign and a camera.
“We would only film if the police show up,” said Lauzon. “We don’t want to intimidate people.”
At about noon, the same officer arrived and asked Germain-Gagnon to go across the street. She stayed near the clinic and continued to hand out pamphlets. The officer left.
The protest ended on April 5 with no further police involvement.
Joan Wright, manager of the clinic, declined comment.
Another 40 Days for Life campaign is planned for this fall.