Fr. Tony's lawyer Albertos Polizogopoulos has filed two letters: one to the Attorney General of Ontario, and one to the Crown regarding charges against him. Fr. Tony who was charged under the Safe Access to Abortion Services Act which prohibits freedom of expression rights for pro-life people only.
If a pro-choice person held a sign in the same place, they wouldn't be charged. Therefore this bill not only prohibits free speech, but is also discriminatory against pro-life people.
"The Defendant intends to question the constitutional validity of the Safe Access to Abortion Services Act, 2017 S.O. 2017, chapter 19 Schedule 1.
The following is the legal basis for the constitutional question:
10. Father Van Hee was protesting a political and public policy issue on public property. The Act has resulted in his freedom of expression pursuant to section 2(b) of the Canadian Charter of Rights and Freedoms being violated. The limits cannot be demonstrably justified in a free and democratic society.
11. The Act is arbitrary and overbroad and contrary to the Charter. As such, the Act is null and void.
12. The limits on Father Van Hee’s freedom of expression do not serve a pressing and substantial objective. The limits cannot be demonstrably justified in a free and democratic society.
13. The means chosen to serve the Act’s objective are not rationally connected to the objective, are not minimally impairing and are not proportionate.
14. The limits on Father Van Hee’s freedom of expression cannot be demonstrably justified in a free and democratic society."
It's pretty pathetic how pro-life people are continually having to defend our right to freedom of expression by going to court. It's supposedly a right but it sure isn't free when you have to go to court and pay for it. Over and over again.