R. v. Lewis (1996)

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At issue in this case is whether B.C.'s Access to Abortion Services Act infringes on an individual's freedom of religion, assembly and expression. A coalition including LEAF, the Elizabeth Bagshaw Society, Every Woman's Health Centre Society (1988), the B.C. Women's C.A.R.E. Program, and the B.C. Coalition for Abortion Clinics was granted leave to intervene in this case.

The coalition argued that the Access to Abortion Services Act does not infringe the accused's rights to freedom of association, assembly, and religion, and that the violation of the right to freedom of expression, which was admitted, is a reasonable limit under section 1 of the Charter given that the legislation protects the equality, privacy and security of the person interests of women seeking access to abortion services.

In a decision released October 8, 1996, Madame Justice Saunders adopted many of the Coalition's arguments in upholding the Act. Justice Saunders found that, while the legislation violated the rights of anti-abortion protesters to freedom of religion and conscience and freedom of expression under the Charter, the Act was justified as a reasonable limit on those rights. The court accepted the Coalition's call to look at the anti-abortion activity in its broader context, and from the perspective of the women seeking access to abortion services. Justice Saunders found that "health care has a fundamental value in our society. A woman's right to access health care without unnecessary loss of privacy and dignity is no more than the right of every Canadian to access health".

The Act was found to strike an appropriate balance between the rights of anti-abortion protesters, and the rights of women and abortion service providers to equality, privacy and security of the person.

Supporting documents
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Supreme Court of British Columbia Decision (1996)