More on Fr. Tony's bubble zone constitutional challenge

From DEBORAH GYAPONG, CANADIAN CATHOLIC NEWS

"The case has been adjourned to Jan. 24 and “transferred to the Ontario Court of Justice so it can be heard before a judge,” said constitutional lawyer Albertos Polizogopoulos, who is representing the 83-year-old Jesuit priest. 

“This is because we have challenged the constitutionality of the legislation in question and a justice of the peace cannot strike legislation as being unconstitutional,” said the lawyer. 

Polizogopoulos said they will likely set a trial date at the Jan. 24 court appearance."

Archbishop Prendergast supports Fr. Tony's Charter challenge

Fr. Tony received this beautiful note from the Most Reverend Terrence Prendergast, S.J. Archbishop of Ottawa regarding Fr. Tony's Charter challenge.

"November 12, 2018 

Dear Tony: P.C. [Pax Christi]
             
             Here's some financial support for your upcoming trial and legal expenses. It comes with the assurance of my prayers for the cause, and for you, as well as my fraternal support. 

Sincerely in Christ,
+ Terry S.J."

This support from the Archbishop is great news for Fr. Tony, for all pro-life people, and for freedom of expression rights. Because this law that Fr. Tony is fighting specifically targets freedom of expression rights only for pro-life people and not for pro-choice people. 

This Safe Access to Abortion Services Act is clearly discriminatory and must be thrown out.

Here is the donation link if you would like to help Fr. Tony's case.

Or send a cheque and make it out to "Vincent Dagenais Gibson, In trust” and send it to Fr. Tony's lawyer Albertos Polizogopoulos:

Vincent Dagenais Gibson LLP/s.r.l.
260, rue Dalhousie Street, Suite 400
Ottawa, Ontario K1N 7E4

Just include a cover-letter, or the re: line of the cheque note that the cheque is for Fr. Tony Van Hee's case.

Constitutional challenge begun for Fr. Tony's freedom of expression rights

From Albertos Polizogopoulos, Fr. Tony's lawyer:

"We appeared in court today. It has been adjourned to January 24th and transferred to the Court of Justice (instead of the provincial offenses court) since we're doing a constitutional challenge. 

We should be able to pick up disclosure, which is the evidence the Crown has against Fr. Tony, next week."

And so it begins. Another pro-life constitutional challenge. For another pro-life person.

Protesting public policy on public property - prohibited

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. 

Letter to Attorney General

Letter to Crown Prosecutor’s Office

According to the letter:

"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.

Priest challenges Safe Access to Abortion Services Act

Fr. Tony Van Hee has retained constitutional lawyer Albertos Polizogopoulos to represent him against a ticket he received last Wednesday at the Ottawa Morgentaler abortion site.

Fr. Van Hee received the ticket last week for his silent witness in front of the abortion facility in Ottawa under the "Safe Access to Abortion Services Act Section 3(1)(e)(iii)". You know the one. Where Jim Watson got an Ontario law enacted by Kathleen Wynne's Liberals to prevent people from using their constitutional right to free speech? Yes, that one.

According to the ticket, Fr. Van Hee committed the offense to "intimidate or attempt to intimidate the person".

It's kind of hard to intimidate someone when you are across the street, looking away from the abortion site, holding signs that say absolutely nothing about abortion:

"The primacy of free speech - cornerstone of western civilization - without free speech the state is a corpse"

They really do want to shut us up don't they?

It will be interesting to see how this plays out. Polizogopoulos won my own freedom of expression case against those same Wynne Liberals, and more recently a court challenge for the Christian Heritage Party.

Fr. Van Hee will have to appear in court on Nov 16, 2018.

I know who I'm rooting for. And it isn't Jim Watson.