By Nathan Rumohr
After more than two years of fighting, pro-life activists Don Spratt and Cecilia von Dehn have been granted leave to appeal their convictions for breaching the Access to Abortion Services Act, known commonly as the "Bubble Zone Law."
B.C. Court of Appeal Judge David Franklin Tysoe ruled Sept. 10 that Judge Barbara Fisher might have incorrectly defined the law when she convicted Spratt and von Dehn in June 2011.
"This leave to appeal will allow, at last, a scrutiny of the wording of this 1995 legislation," von Dehn said in a statement. "Any citizen regardless of their mind-set, known or unknown, should be free to inform the public of a law without being arrested and jailed, and without having to seek remedy in the courts."
Spratt and von Dehn were arrested in June 2009 for entering the "access zone" at Everywoman's Health Centre at Commercial Drive and Broadway in Vancouver. They were passing out information on the "Bubble Zone Law" and wore sandwich boards that read: "Be informed! This area is a legislative access ("bubble") zone. Read Bill 48."
That law says no person can engage in protest, sidewalk interference (ministering), or besetting (harassing), abortion facility workers within 50 metres of an abortion clinic.
Spratt and von Dehn were careful only to hand out information about the law, and not directly to protest abortion or engage in any sidewalk ministry. Von Dehn had protested the "Bubble Zone Law" three times before her June 2009 arrest and had been told she was not in breach of the act.
Spratt and von Dehn also noted they would argue that Judge Fisher's conviction on the grounds of "strict liability" (with no need to prove intent to break a law) was incorrect. Their legal team claims Bill 48 states in its preamble that intent to obstruct an abortion must be proved for a conviction.
A date for the appeal to be heard has not been set.
nrumohr@rcav.org
