A new Quebec “Charter of the Rights and Freedoms of the Person” came into effect on September 30th, 1983. The first article of Fundamental Rights and Freedoms reads:
Every human being has the right to life as well as to the security, the integrity and the freedom of his person….
Is the fetus a “Human Being”?
Is the fetus recognized as a “human being” for the purposes of interpretation of the Quebec Charter?
Objectif Survie Quebec (OSQ) will try to obtain an answer to this question through a court judgment. Mr. Jean-Guy Mercier, member of the temporary Board of OSQ met recently with Jacques Rossignol, a lawyer with the office of Lapointe and Rosenstein in Montreal. After an initial study of the situation, Jacques Rossignol has suggested trying to obtain a declaratory judgment before the Quebec courts to define the first article of the new Quebec Charter with regards to the fetus.
The lawsuit would be the Quebec equivalent of that which Mr. Joe Borowski is engaged in with regard to the federal charter of rights. However, whereas the federal charter declares that “everyone” has the right to life, the Quebec charter uses the term “human being”. Is it really possible to deny, in light of scientific knowledge, that the fetus is a human being? The chances of a ruling in favor of the fetus seem good.
Effects of a Lawsuit for Canada
A legal interpretation of the Quebec charter in favour of the fetus would have an important effect on any future decisions to be rendered by the Supreme Court of Canada on the right to life according to the federal charter. It is therefore extremely important that a Quebec ruling be obtained before Mr. Borowski appeals his case before the Supreme Court of Canada. It would be very awkward for the Supreme Court of Canada to render a judgment that would limit the authority of the Quebec Charter if it did indeed guarantee the right to life for the unborn.
OSQ — A Provincial Organization
Objectif Survie Quebec, because it is a Quebec organization with a provincial charter, is an appropriate party to institute such a lawsuit before the courts. In order to solicit the support of the Catholic Church of Quebec for such an action, Jean-Guy Mercier of OSQ contacted Michel Latulippe, secretary to the Quebec Assembly of Bishops. He asked M. Latulippe to check with those organizations in the province who are involved with the family to ascertain whether the proposed lawsuit is of interest to them: whether they wish to support it or to meet with the lawyer to gain further information on the matter. M. Mercier has been expecting an answer from M. Latulippe since January 15th of this year.
The Need for Funds
Before initiating the lawsuit, OSQ needs funds to complete the basic legal documentation, to launch a subscription campaign and to call a press conference.
Abortion in Quebec
There are approximately 20,000 abortions performed in Quebec each year, in hospitals, private clinics and Government-subsidized health clinics, even though federal law requires that hospitals only perform abortions and only in cases where the mother’s life or health are endangered. In fact, almost all aborted babies are killed for other reasons. If OSQ succeeds in obtaining recognition through the courts for the unborn as a “human being”, this decision will exert legal and moral pressure on the Departments of Justice and Social Affairs with regard to the abortions done in Quebec. The provincial charter does have priority over all other Quebec laws.
The whole pro-life cause would be viewed in a new way if the unborn were recognized as human beings under the Quebec Charter. Other beneficial results would also ensue, such as possible income tax deductions for pregnant women.
A Call for Support from Pro-Lifers
Objectif Survie Quebec does not presently have the necessary funds to start court proceedings. Your support is requested to allow OSQ to seize this opportunity to come to the aid of the children threatened with death through abortion.
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