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Man charged for allegedly breaching abortion clinic no-protest zone

Ottawa police are the first to pursue charges under The Safe Access to Abortion Services Act that came into effect in Ontario last week

An Ottawa man is facing what appear to be the first charges laid under a week-old law that implemented no-protest buffer zones around all abortion clinics across Ontario.

Ottawa Police arrested the man on Wednesday near The Morgantaler Clinic and charged him with violating the Safe Access to Abortion Services Act, which came into effect on Feb. 1 as a way to protect women who access abortion-related healthcare. The man’s identity is currently unknown, something that’s typical for provincial offences.

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Police spokesperson Marc Sousy told VICE News that investigators are still waiting to hear from the courts about the exact wording of the offences the man will face as the law is still brand new.

There’s a 164-foot protest-free zone around all eight abortion clinics in Ontario in which no forms of protest, harassment or intimidation of patients accessing them can take place. Other health facilities such as hospitals and pharmacies may submit an application to the province to implement similar buffer zones of more than 490 feet.

Ontario Attorney General Yasir Naqvi said last year he was inspired to pursue such a law in response to rising rates of anti-abortion activities, including at a clinic in his riding where a woman reported being spat on by protesters outside. Similar measures to protect access to abortion services also exist in British Columbia, Newfoundland, and Quebec.

The Ottawa man was carrying a sandwich board outside the clinic with a sign that read: “Freedom of Expression and Religion, No Censorship” with a large crucifix above it, according to the Ottawa Citizen.

Amanda Carver, an organizer with the Ottawa Women’s March on Parliament Hill, told the newspaper that she also saw the man near the clinic.

“He chose that specific location to deliver a specific message to people accessing that clinic,” she said. “Sure, his signage is off, but how is this not menacing people accessing the clinic?”

The man, who will appear in Provincial Offences Court on March 23, could face a fine of $5,000 for his first offence under the Act or up to six months in jail. Repeat offenders can face fines of up to $10,000 and a year in jail.

In response to concerns over whether the no-protest zone law compromises free expression, Naqvi has argued the law does no such thing.

“We are not denying people’s right to protest,” Naqvi told reporters last year. “They are free to express themselves. But it has to be done in a manner that does not prevent a woman from accessing, safely, health-care services.”