Honourable Colin Gableman
Attorney General's Office
Legislative Assembly
Victoria, B.C.

April 21, 1993

Honourable Minister

We are writing on behalf of the British Columbia Coalition for Abortion Clinics regarding the situation that developed this morning with regard to the blockade at the Everywomen's Health Centre at 44th Avenue and Victoria Drive in Vancouver. Several anti-choice individuals wired the doors of the Clinic shut and sat in the doorway blocking entrance to the facility from approximately 5:00am to 12:00pm when they were arrested by Vancouver City Police. The Everywomen's Health Centre has had an injunction with an enforcement order in place since 1988 when the facility was subject to repeated blockades by "Operation Rescue". We are outraged that there was a six hour delay in the response to this morning's situation and that health care providers and patients were denied access to the facility all morning. In light of this morning's incident and the continued harassment of physicians, patients and health care providers, it is clear that a broader and more expedient legal remedy is required to protect health care providers and women who seek to access abortion services.

The most immediate issue which requires clarification is that of who has responsibility for the prosecution of the three blockaders. We understand from the crown Council that there is some confusion regarding the responsibility for prosecution in the Attorney General's Office. In fact, the Everywomen's Health Centre was obliged to ensure that their legal council was present during today's proceedings and understands that some onus may be placed on EHC to provide evidence. This situation is unacceptable to EHC and the BC Coalition for Abortion Clinics and will place an undue financial, time and resource burden on the Clinic and the Coalition as well as indicate an abdication by the government of it's responsibilities in this regard. Health care providers should no longer be required to carry the burden of protecting facilities and access to legal medical services in the absence of government responsibility.

We request that the Attorney General's Office provide direction for the Crown Council in determining that this issue does not belong within the civil domain, but should be viewed, as it has historically been, a matter for the criminal courts. Should the individuals involved in today's incident not be prosecuted under charges of criminal contempt, a message of clemency will be sent to these bigoted zealots to continue to engage in criminal activity with impunity. The six hour delay in responding to this situation and the confusion surrounding the injunction (none of which was the fault of the Clinic or the Coalition) has jeopardized the health and safety of women seeking access to medical services at the Clinic as well as those who provide the services.

We are also requesting that the Attorney General's office give immediate thought to legal remedies that would protect women and health care providers from harassment at clinics, at physician's offices, or at their homes. In this regard we suggest your office examine the recent move by the Ontario government to seek a province wide injunction against harassment and recent initiatives taken by the Attorney General's Office in the United States of America. We anticipate a meeting with you very soon, which would involve both clinics in the lower mainland, in order to cooperatively develop appropriate legal remedies. We expect and look forward to hearing from you immediately and can be contacted at the numbers listed below.

Sincerely,
Joy Thompson
Jennifer Whiteside
BC Coalition for Abortion Clinics

c.c. Everywomen's Health Centre
Elizabeth Bagshaw Women's Clinic