Morgentaler lawsuit to force province to pay for private-clinic abortions will go forward

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By Nick Moore
Times & Transcript Staff

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FREDERICTON - The provincial government says they won't appeal a court decision giving Dr. Henry Morgentaler legal standing in representing New Brunswick women who want an abortion.

In officially accepting the May 21 decision of the New Brunswick Court of Appeal, the provincial government says Morgentaler's lawsuit to get abortions publicly funded will move forward with a court case.

In his lawsuit, Morgentaler is arguing that abortions performed in New Brunswick's private clinics costs should be covered by medicare. Morgentaler runs the province's only private abortion clinic in Fredericton.

Ontario, Quebec, Alberta and Newfoundland and Labrador provide full medicare coverage for private clinic abortions.

The New Brunswick government's position is that they'll only fund abortions considered medically-necessary, and only if the procedure is completed within a hospital setting.

In a written statement, Health Minister Mary Schryer said the province's position on abortion funding hadn't changed. Schryer said the decision not to appeal May's court decision was made following review from the Office of the Attorney General.

"Our government respects the court process and respects the decision of the New Brunswick Court of Appeal," she said. "As the larger legal matter remains before the courts, I will not make further comments."

Simone Leibovitch, manager of the Morgentaler Clinic in Fredericton, said she wasn't surprised by yesterday's announcement that no appeal would be filed. Leibovitch said Morgentaler's case against the province is essentially "a done deal," and the province knew any appeal wouldn't have been successful.

"It would be more encouraging if they decided not to proceed with any case," she said. "They're delaying the inevitable."

Located next door to Morgentaler's Fredericton clinic is the offices for the New Brunswick Right to Life Association. Thaddee Renault, vice-president of the association, said he was disappointed that no appeal would be filed, but said he was pleased the province still wasn't funding private clinic abortions.

Renault said the pro-life association is now preparing for the legal case to come.

"The case is still not over," he said. "It will still be debated."

Fredericton's Morgentaler clinic, which opened in 1994, performs about 600 abortions each year according to May's court documents. Yesterday, Leibovitch said there were 18 women at the clinic that either had or were inquiring about the procedure.

In court documents, Morgentaler said he had discretion in "compelling and appropriate circumstances" to decide not to charge women for abortions inside his Fredericton clinic. Since 2005, the clinic said they have allowed for approximately $7,240 in uncollected fees and, in 2006, approximately $9,965.

It costs from $550 to $750 for an abortion procedure at the Fredericton Morgentaler clinic, depending on a woman's stage of pregnancy.