Manitoba law would ban protests at abortion clinics

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This article was published 07/03/2024 (625 days ago), so information in it may no longer be current.

A proposed law to ban protests at abortion clinics topped the NDP government’s legislative agenda Thursday as it also moved to crack down on sexual assault on post-secondary campuses and remove gendered language from laws.

The government introduced four bills ahead of International Women’s Day to tackle gender violence, strengthen reproductive and workers’ rights, and make Manitoba laws gender neutral.

“Abortion is health care. It’s a human right,” Families Minister Nahanni Fontaine said after introducing Bill 8, the Safe Access to Abortion Services Act.

“While some citizens may not agree with abortion, don’t have one. If folks feel the need to protest against these human rights, they’re welcome to do it here at the Manitoba legislature.”

The proposed legislation would create access zones at clinics and other facilities that provide abortions and ban activities that would persuade someone against abortion, express disapproval or continuously observe people within a minimum 50 metres of a designated site.

Larger access zones, up to 150 metres, would be determined through regulations.

The bill would extend protections to the homes of abortion providers. It proposes fines of up to $10,000, or a jail sentence of up to a year, to people found to have repeatedly violated the access zones.

While in Opposition, Fontaine had introduced variations of the bill five times since 2017. They were either talked out, voted down, or died on the order paper. The latest bill does not have a clause to create protest buffer zones at schools, which was included in past iterations.

“Like other jurisdictions across the country, we’ve seen Manitoba health-care facilities that have been systematically and consistently targeted by anti-choice protesters,” Fontaine said.

The minister said the bill, if passed, would bring Manitoba in line with other provinces that have buffer zone legislation. She is confident the law would stand up to a court challenge.

Kemlin Nembhard, executive director of the Women’s Health Clinic, said safe access zones should provide peace of mind for clients and protect abortion providers.

“We are happy to see this legislation become a reality after being brought forth so many times,” Nembhard said. “It’s a positive step to anyone providing or seeking abortion care in Manitoba.”

The clinic has sought a buffer zone for more than two decades, even before it offered abortions, she said.

The clinic generally responds to protests and demonstrations by asking people to avoid the area. Anti-abortion campaigns have evolved to include online spamming, mailing and door-to-door visits, Nembhard said.

“Nobody should feel harassed when they are going to seek essential medical care, or when they are going to work if they are an employee,” she said. “Abortion is a common medical procedure and a key part of anyone’s reproductive health care.”

Requests for comment from pro-life organization Campaign Life Coalition Manitoba were not immediately returned.

PC families critic Lauren Stone refused to comment on the bill Thursday, saying she needed time to review it.

The NDP government is also giving itself new power to ensure post-secondary institutions adopt a sexual violence policy that meets its requirements.

Bill 10 (the Advanced Education Administration Amendment Act) allows the government to claw back funding to colleges, universities and other institutions if they do not have a sexual violence policy that complies with regulations. It also requires schools to publicly report on policy reviews.

“Right now, we do have legislation that requires institutions to have policies, but if we are in a situation where things aren’t going well, we don’t have the tools in order to enforce those policies,” Advanced Education and Training Minister Renee Cable told reporters after introducing the bill.

“This is really, if you look at it, the carrot and the stick. We need to be able to have some teeth for enforcement,” Cable said.

The rookie cabinet minister said there were no events or issues that prompted the government to give itself the new authority.

“By and large, the institutions are doing a great job with these policies, but we want to make sure that nobody falls through the cracks and that there is public reporting on this. People deserve to know.”

If Bill 11 passes, Manitoba laws would get a language refresh. The Statutes and Regulations Amendment and Interpretation Amendment Act would allow for Manitoba statutes and regulations to have gender neutrality.

For example, the revision power may be used to change a reference to “he” or “his” to “they” or “their” in an act or regulation, the bill states. The power may be used only when it will not affect the substance or meaning of laws.

“It will help ensure our legislation is more representative of all Manitobans,” Justice Minister Matt Wiebe said when introducing the bill.

A recent federal justice department report recommended ways to use gender-inclusive language in legislation, such as the gender-neutral pronoun “they” and its other grammatical forms.

It noted the default masculine rule using “he” has been applied in legislative drafting in English common-law jurisdictions since at least the mid-1800s.

Labour Minister Malaya Marcelino also brought forward a bill to extend unpaid, serious injury or illness leaves to 27 weeks from 17 weeks for workers.

The proposed changes in Bill 9 would allow Manitobans access to full extended employment insurance benefits through the federal government, the province said.

Manitoba Employers Council chair William Gardner said the NDP proposal has been consistently supported by the province’s labour-management review committee.

danielle.dasilva@freepress.mb.ca

carol.sanders@freepress.mb.ca