Mr. Justice George Walsh declined February 13 to stop Mississauga, Ontario resident Samantha Allison, 20, from getting an abortion. Allison’s boyfriend, Terrence Banting, was seeking an injunction against the abortion in the Supreme Court of Ontario.
Having heard lawyer Angela Costigan argue in Banting’s favour, Justice Walsh curtly dismissed the application for standing, saying Mr. Banting has no right to intervene.
“I feel the matter has been completely decided by the Supreme Court of Canada in other decisions,” Judge Walsh said. Costigan argued that despite Supreme Court rulings, the unborn child was protected by the Canadian Charter of Rights and Freedoms.
Walsh ignored the August 1989 Quebec court decisions which had prevented Chantal Daigle from killing her baby. He also ignored a ruling from Supreme Court Justice Sopinka that if fetal rights are in question, then surely the father has standing.
“I believe my child has a right to life and it’s the government’s duty to protect that life,” Mr. Banting told The Interim. In a sworn affidavit, the Brampton resident said he was prepared to work full-time to support the child if Allison abandoned her plans to have an abortion.
Judy Walsh showed some impatience by frequently interrupting Costigan. According to the Toronto Globe & Mail, (Feb. 14) he showed his irritation throughout the hearing, glancing frequently at a clock on a courtroom wall, tapping a pen on his bench or clasping and unclasping his hands while listening to Costigan. Walsh didn’t require a lawyer acting for the Ontario Attorney-General before he announced his decision.
Mrs. Costigan plans to appeal the decision.
