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Statement Regarding Safe Access to Abortion Services Act

4-3-2019

In 2017, The Safe Access to Abortion Services Act, was passed providing a 50-meter “access zone” from the property line of any “clinic” providing the services of a therapeutic abortion. For “facilities” such as hospitals providing this clinical procedure, unless they apply and the application is approved, the zone is to their property line. This means that for hospitals to have an “access zone” greater than from their property line, they need to apply. In this “access zone” the following is prohibited:

3 (1) While in an access zone established under section 6 for a clinic or facility, no person shall,

(a) advise or persuade, or attempt to advise or persuade, a person to refrain from accessing abortion services;

(b) inform or attempt to inform a person concerning issues related to abortion services, by any means, including oral, written or graphic means;

(c) perform or attempt to perform an act of disapproval concerning issues related to abortion services, by any means, including oral, written or graphic means;

(d) persistently request that,

(i) a person refrain from accessing abortion services, or

(ii) a protected service provider refrain from providing, or assisting in the provision of, abortion services;

(e) for the purpose of dissuading a person from accessing abortion services,

(i) continuously or repeatedly observe the clinic or facility or persons entering or leaving the clinic or facility,

(ii) physically interfere with or attempt to physically interfere with the person,

(iii) intimidate or attempt to intimidate the person, or

(iv) photograph, film, videotape, sketch or in any other way graphically record the person;

(f) for the purpose of dissuading a protected service provider from providing, or assisting in the provision of, abortion services,

(i) continuously or repeatedly observe the clinic or facility or persons entering or leaving the clinic or facility,

(ii) physically interfere with or attempt to physically interfere with the provider,

(iii) intimidate or attempt to intimidate the provider, or

(iv) photograph, film, videotape, sketch or in any other way graphically record the provider; or

(g) do anything prescribed for the purpose of this clause.

For the last few years, any “publicly advocating” activities have occurred on the public sidewalk along Tecumseh Road. This is 100 meters from the front entrance of Windsor Regional Hospital’s Met Campus. On limited occasions, those who are publicly advocating have walked on the public sidewalks around the hospital. (Lens Avenue is hospital property between Byng and Kildare).

The 40 Days of Life group that conducts this public advocacy have indicated their intention to limit their activity to either side of Tecumseh Road from the period of March 6 to April 17, 2019.

The WRH Board has conducted the following due diligence:

(i)shared feedback from front line employees, professional staff and patients;

(ii)reviewed the legislation;

(iii)examined what other facilities are doing across the Province; and

(iv)examined what would be the impact of applying to make application for the 150-meter Access Zone from the Met Campus property line under the Safe Access to Abortion Services Act.

One needs to be aware that applying for this access zone under the legislation will NOT take effect immediately and will need approval by the Attorney General of Ontario and Ministry of Health. We have been informed that no hospitals who have applied for a 150-meter access zone have been approved anywhere in the Province, as of today.

As a result of the fact no hospital has been approved for a “safe access” zone, the Board of Directors, through its Board Chair and CEO, will contact the Attorney General of Ontario’s office to determine what information is required to make an application for a safe “access zone” and the possible approval timing of said application. As such, a letter has been sent today to the Attorney General’s office requesting this information.

In the meantime, the status quo will be maintained and we would continue to appreciate that any advocacy on either side of this issue be safe and respectful and remain limited to Tecumseh Road only. If there are any issues, we will be reaching out to authorities to help address. We will continue to monitor this issue and update the community on any feedback received from the Attorney General of Ontario.