At issue is the Abortion Services Act requirement that there be no protesting within a certain area surrounding abortion clinics. The Court of Appeal heard the appeal on the basis that the issue is whether the limitations on freedom of expression are acceptable under Section 1 of the Charter. This case is essentially an extension of the Lewis/Demers cases which upheld the Abortion Services Act as constitutional but was silent on the issue of freedom of expression.
West Coast LEAF, managed the coalition in this case, arguing that freedom of expression should be contained in order to guarantee the right to unimpeded access to abortion service.
The BC Court of Appeal dismissed the appeal, thus upholding the bubble zones.