CLC Blog

Canadian pro-life heroine Linda Gibbons was back in the Ontario Court of Justice today (August 20), where details were worked out for her upcoming trial.

Linda has been charged with breaking Ontario’s “Safe Access to Abortion Services Act,” an unjust law dating back to 2017 which establishes a 50-150 metre “bubble zone” around abortion mills to prevent pro-life advocates from offering abortion-bound women real choices.

She’s been arrested four times since May for breaching the bubble zone as she witnessed to life in front of a Toronto-area abortion mill. She also faces two criminal charges of “failing to comply” and “mischief” in relation to her four arrests.

A handful of peaceful and law-abiding supporters showed up in the courtroom today to support Linda during the largely procedural hearing. However, the supporters were somewhat unnerved to discover that they had been assigned a police escort while in the building, as if they were somehow dangerous persons who needed an eye kept on them. The police escort followed the supporters wherever they went, even when they entered a crowded elevator.

The Court began session shortly after 10 AM. Counsel Aaron Harnett, representing the Crown, seemed to have something against Linda’s supporters. Before the judge’s arrival, he turned around and glared at them, making a few uncomfortable. “He clearly didn’t like us being there,” related Campaign Life Coalition’s Director of Education & Advocacy Josie Luetke, who was in the courtroom.

When Judge Cathy Mocha arrived, Harnett asked that Linda’s case be dealt with first since she “has a number of supporters in the courtroom” and “if we deal with that quick…” – implying that the supporters would then be compelled to leave since they would have no reason to stay.

The judge handled several matters as police officers prepared to bring Linda in. The peaceful Christian grandmother, self-composed and with quiet dignity, was then brought into the dock. She was handcuffed as if she was a dangerous person. She wore a creamy green sweatshirt and dark green pants. Supporters smiled at her as she entered. Her handcuffs were then removed and she stood, at first with her hands behind her back. Later, she crossed them in front.

In a surprise for the Court, Joanna Alphonso, a paralegal student, came before the judge on behalf of Catholic lawyer Philip Horgan. Ms. Alphonso told the judge that Mr. Horgan was working with Linda’s court-appointed “friend” (amicus) Counsel Andrew Stastny.

Before Ms. Alphonso could continue, however, Crown lawyer Harnett interjected with contemptuous words that appeared to be aimed at not allowing Ms. Alphonso to speak to Linda’s case. “I know my friend is very excited to be here,” he said in reference to Ms. Alphonso, “but let me tell you from the Crown’s perspective what is happening.” Harnett proceeded to tell the judge that Linda’s court-appointed amicus was not Mr. Horgan, but Mr. Stastny. When telling the judge the spelling of Mr. Stastny’s name, Harnett misspelled it. Harnett stressed in no uncertain terms that Mr. Horgan had no legal connection as amicus to Linda. “Mr. Horgan is not amicus,” he said emphatically, adding: “Any confusion behind the scenes between amicuses [sic] as to who’s acting – this beast has one head, and it’s Mr. Stastny.”

Now that Harnett had the floor, he pressed forward with a jab at Linda’s supporters. “Now, given that Ms. Gibbons has remained mute for every appearance and likely will continue to do so, I’m not sure what is gained by having her come to court in person as opposed to attend on video,” he said. “It seems to me that it’s more disruptive for her to be in court in person rather than on video,” he added, likely in reference to Linda’s supporters.

Judge Mocha, however, shot down Mr. Harnett’s proposal, pointing out that since Linda is representing herself in Court, she needs to be there “in person” so that she can receive “all of the disclosure and, you know, any new information.”

The judge then turned to Ms. Alphonso to see what had brought her to Court. Ms. Alphonso explained that she had documents to submit for Linda’s trial regarding a similar case now before the Superior Court. The case involves 89-year-old Fr. Tony Van Hee who was charged under the same law as Linda. While Fr. Van Hee’s charges were dropped in 2022, the pro-life Jesuit priest is still proceeding with a constitutional challenge against the Safe Access to Abortion Services Act. He has retained Mr. Horgan as his lawyer, the same lawyer Ms. Alphonso was now representing.

Judge Mocha, however, would hear none of it. “Why am I being given a case? I’m not the judge,” she said. “That sounds like it’s something that may or may not be an issue for the trial judge to deal with. I’m not the trial judge. Why would that be provided to a set-date court judge?” The judge refused to accept the documents, adding that Mr. Horgan “doesn’t have any standing in this matter.”

Near the end of the hearing, the judge agreed with Linda’s “amicus” and with the Crown to have Linda appear before the Court again on September 3 at 10 AM in room 901 where she would be handed the Crown’s evidence against her (disclosure) and where one of the charges brought against her would be replaced.

As previously reported by CLC, on top of three charges of breaking the “bubble zone" law, Linda faces two criminal charges of “failing to comply” and “mischief” in relation to her four arrests, beginning in May, in front of the Toronto Abortion Clinic on Hillsdale Avenue (formerly known as the Morgentaler Clinic). During her July 22 hearing, the Crown indicated that the two criminal charges would likely be “joined” into one charge.

A trial date for Linda’s criminal charges has now been set for September 19 in courtroom 704. She will also be in “C Court” at the Old City Hall on October 9 at 9 AM to face her breaches of the provincial bubble zone law.

As the hearing was about to conclude, Judge Mocha turned to Linda and asked if she had anything to say.

Linda chooses to be silent in Court to be in solidarity with pre-born children targeted for abortion who do not have a voice with which to defend themselves. She takes their silence and makes it her own.

“I’m assuming, by the lack of response, that there is nothing she wishes to say today,” stated the judge.

With the hearing concluded, Linda stood up as a police officer approached with handcuffs. She turned around, placed her hands behind her back, and allowed the police officer to lock her in the cuffs. She was then led out of the courtroom and returned to the Vanier Centre for Women.