On Friday, March 21, Helen Burnie, Dan McCash and Tom Brown, three regular pro-life picketers, were scheduled to be tried on charges laid against them by Eileen Harbinson. Mrs. Harbinson and her husband own a word-processing business called “Ultra,” almost next door to the Morgentaler abortuary on Harbord Street.
Mrs. Harbinson had accused the three picketers of blocking customers from gaining access to her place of business, of calling her a “baby-killer” and of telling customers not to enter her shop because “she is a baby-killer.” Burnie, McCash and Brown were formally charged with “watching and besetting.” They went to court with their lawyer Paul Dodds with the intention of pleading not guilty. The three had prepared for their trial by subpoenaing 21 Metro police officers to testify to their innocence.
On the morning of the trial, when the crown attorney in charge of the case became aware of the number of police officers that would be testifying on behalf of the accused, he suggested to the Harbinsons that they ask for an out-of-court settlement. Consequently, Burnie, McCash and Brown signed a peace bond which prohibits them from engaging in the activities they were accused of, but which they all deny ever took place. They also agreed to refrain from engaging in any verbal communication with the Harbinsons. They did not have to agree to stay away from the abortuary but it was not an easy decision for the three accused, when asked to sign the peace bond. According to Dan McCash, “She [Mrs. Harbonson] told lies about us and we should never have been in court. There was no admission of guilt in anything we signed. I think it’s scandalous that she got away without a perjury charge.”
The Harbinsons had been harassing McCash and Brown by phoning their employers at their offices. Thus, the Harbinsons also had to sign a peace bond agreeing not to place any more of these phone calls.
Although the three dedicated picketers incurred substantial costs through subpoenaing the policemen, and although they were caused plenty of unnecessary frustration, they were satisfied that the Harbinsons did not succeed in accomplishing their goal of getting then off the picket line.
Helen Burnie, Dan McCash and Tom Brown can still be seen, on an almost daily basis, witnessing for life outside of 85 Harbord Street.