MORGAN: Let's dump the lazy 'bubble zone' laws

As the 2024 AGM for the Alberta United Conservative Party approaches, opponents to the party are hoping for bizarre policy proposals and infighting to dominate the news. Indeed, conservative parties do love shooting themselves in the feet at these events. Premier Danielle Smith is enjoying popular support across Alberta but if the party members start cutting away at her feet, it could be just the thing Naheed Nenshi and his NDP are hoping for.One thorny issue that never goes away is abortion. The pro-life movement will never accept unrestricted abortion rights and the pro-choice movement will never accept any form of restrictions. It is a political tug of war which will happen for generations without resolution.Despite the fearmongering of the left, no province in Canada is going to go down the road of restricting abortion rights. Public support isn’t there for it and it would be political suicide as protests would immediately erupt. Not everybody is comfortable with the status-quo, but they aren’t eager to reopen the issue.Pro-life activists are pursuing restrictions of course and organizing at political conventions has always been one of their tools. They gather members and often put forth policy proposals for incremental restrictions on abortions. Party members will usually reject the proposals but the party will still be pilloried by media and the left for even discussing the issue. Even if party members adopt such policies, they never actually are brought into existence by the government. It’s a form of social conservative virtue signalling.Leaders of conservative parties still must respect their social conservative supporters. They make up a significant bloc in the parties and are often hard workers and significant donors at election time. They may not make up a large portion of the electorate, but they punch above their weight when it comes to political organizing and influence within parties. It puts leaders in a difficult position as they want to respect the socially conservative wings of their parties while still remaining electorally viable. Compromise is essential but never easy.In Alberta, Premier Smith may have a compromise in front of her which could calm the issue for awhile at least. It could make pro-life activists happy while still satisfying pro-choice libertarians such as myself. What I am talking about is the Alberta “bubble zone” law.Many provinces have legislation that’s referred to as a bubble zone. What such laws do is place a buffer outside of health care facilities that provide abortions and ban any form of pro-life demonstrations within these bubbles. In 2018, a law was passed by the NDP banning any form of protest within 50 metres of a facility providing abortions. The law is an infringement upon free expression and a case can be made to repeal it while still protecting abortion rights.Blanket laws are dangerous things, especially when flirting with infringing on Charter rights. When a person can be prohibited from any kind of expression within a public area, room has been created for the infringement of further rights. Using a bubble zone law is a lazy way to deal with protests that may become inappropriate or intimidating. Responsible legislators, courts and law enforcement officials should be able to deal with cases individually rather than using the hammer of an inflexible law.There are already laws in place to protect people from intimidation or harassment if they are trying to access healthcare. Federally it is a criminal offence to intimidate a person “in order to impede them from obtaining health services,” or to intimidate a health professional in order to impede their duties. If a pro-life activist is intimidating or bothering somebody trying to access an abortion clinic or work in such a clinic, they can be charged. No bubble zone is needed and rational protest rights can still be protected.Canada is already grappling with inappropriate and intimidating protests as anti-Israel protests have been targeting students and Jewish neighbourhoods. We don’t need a law placing a bubble zone around schools and neighbourhoods. We need to start charging and convicting protesters who cross the line from free expression and move into intimidation. It’s a tough line to walk, but that is indeed why we pay our legislators and judges the big bucks.Let’s face it. Premier Smith is going to be accused of a hidden agenda to ban everything from LGBTQ marriages to abortion access no matter what she says or does. She may as well improve the laws while she is in the position to do so. A move to protect the right of free expression while still respecting abortion rights is available. It’s in repealing the provincial “bubble zone” law.

MORGAN: Let's dump the lazy 'bubble zone' laws

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