Both the Canadian abortion Rights Action League (CARAL) and the pro-abortion Canadian Vicil Liberties Association (CCLA) have been outraged not only because Mr. Borowski was permitted to proceed with his legal case in Regina on behalf of the unborn child, but also because, during the trial, he was permitted to introduce evidence on the humanity of the unborn child by world-renowned medical experts.
These pro-abortionists tried unsuccessfully to intervene in the case in order to contradict this medical evidence. Having failed at this, they are now trying yet another approach in an attempt to rewrite the script of the Borowski trial. The purpose of the new approach is to try to set aside or block the outstanding medical evidence introduced at the trial. The evidence stands out with crystal clarity in support of the humanity of the unborn child and each judge of every court that deals with the Borowski case on its inevitable many appeals through the court system, will have to read through this outstanding medical evidence and will have to grapple, therefore, with the stark reality of life in the womb.
This is the very thing that the Canadian Civil Liberties Association wants to avoid. It has, therefore, recently written to Justice Minister Mark MacGuigan, requesting that he establish a “Reference” to the Supreme Court of Canada on the constitutionality of the abortion issue. A “Reference” is a rarely used procedure by which the government may refer an important and urgent constitutional matter directly to the Supreme Court of Canada for an immediate opinion without having to have the matter go through the lower courts. In a “Reference” procedure, the Supreme Court of Canada would deal directly with the constitutionality of the abortion issue under the Charter of Rights. The case would be newly argued and thus evidence such as was introduced in the Borowski case, which the Civil Liberties Association called “a lop-sided and uneven contest”, would be avoided.
It is significant that the Supreme Court of Canada does not hear direct evidence, but only proceeds by way of oral and written arguments by counsel. As a result, it would not have the advantage of either hearing or witnessing such evidence as was introduced in the Borowski case.
We must, therefore, let mark McGuigan know that this “Reference” should not be allowed. Write to the Honourable Mark McGuigan at the House of Commons, Ottawa, Ontario K1A OA6.
Tell the Minister of Justice that this extremely important case must be allowed to go through the courts in an orderly fashion rather than by being dealt with by “Reference.”
