Support Mary Wagner’s Challenge of Canada’s Legal Definition of “Human Being”
Jan. 1, 2014
Mary Wagner is appealing to the public for donations to her legal battle in defence of unborn children.
The present law, section 223 of the Criminal Code of Canada states: “A child becomes a human being…when it has completely proceeded, in a living state, from the body of its mother…”
It has been 24 years since the personhood and right to life of unborn children have been before the Supreme Court of Canada in the constitutional challenge of Borowski v. Canada (1989).
Unborn children, who for over 44 years have not had protection in Canadian law, are once again to be the focus in a very important legal battle for their protection.
Mary came to Toronto from British Columbia in 2010 to be in solidarity with Canadian Pro-Life heroine Linda Gibbons. Linda has sacrificed 10.5 years of her life in prison since September of 1994 and Mary has given now 2.8 years of prison life since March of 2010; both for the defence of the unborn children.
Linda and Mary are recipients of the 2012 Queen’s Diamond Jubilee Medal, nominated by M.P. Maurice Vellacott. In paraphrase, he credits them for their faithful and undying battle for justice for pre-born children.
On Aug. 15, 2012, Mary was charged with mischief: interference with lawful enjoyment/operation of a business, and breach of a court order, as a result of her peaceful outreach to pregnant mothers who, with their children were threatened by abortion at a Toronto abortion facility.
One of Mary’s several defences will argue section 37 of the Criminal Code of Canada that states: "Every one is justified in using force to defend himself or any one under his protection from assault…” Mary's argument will contend that "any one" includes unborn children and that, by her presence and outreach, she peacefully acted in self-defence of those children. Section 37 has recently been repealed for the sake of revision to “create one new self-defence provision” (). However, since Section 37 was in force at the time of Mary’s arrest, Dr. Charles I. Lugosi, her defence counsel, states that “she is entitled to rely on the self-defence of others. Mary contends that "others" includes all human beings, including those not born. If the court agrees with her, then the next decision is whether section 223 of the Criminal Code is constitutional, because it excludes from the definition of human being any human being (child) that is not yet born alive.”
Dr. Charles I. Lugosi, S.J.D. of Brantford Ontario is a constitutional law professor and lawyer (www.lugosi-law.com). Dr. Lugosi describes Mary’s case in this way:
My client Mary Wagner directly challenges the foundation of the laws in Canada that permit the legal killing of innocent unborn human beings. Mary asserts that she has the constitutional and legal right to try to speak with pregnant women at abortion clinics, to let them know about practical charitable help that might change their decision to have an abortion...
Mary is compelled by her conscience to disobey her probation order, because the law permits the self-defense of other human beings. Mary uses roses, conversation, and literature in a peaceful non-violent and respectful manner to try to stop an imminent fatal assault upon unborn human beings by placing fetuses who are about to die under her protection…
To establish her defense, Mary must prove that an unborn human being is a human being, that she is entitled to place that human being under her protection…and that an abortion is a violent act that constitutes an assault causing fatal injuries upon a living human being that is in need of protection. The prosecutor refuses to admit that a fetus of any age is an unborn human being.
Mary needs medical doctors and professors of medicine to prove that a living fetus in a pregnant woman is a human being in an unborn state.
Mary Wagner resists any attempt by Parliament to decide when a biological human being is not a legal human being. Science teaches us that a new human being comes into existence at the moment of conception and this new living body is in a state of constant change over time until death. Mary’s goal is to persuade the trial judge that fetuses are human beings in an unborn state, and that the legal definition of human being in the Criminal Code of Canada is unconstitutional.
Mary, a Catholic, is mindful of Jesus’ words in Mt. 25:40: “I tell you solemnly, in so far as you did this to one of the least of these brothers of mine, you did it to me.” Church teachings confirm Mary’s convictions. The Catechism of the Catholic Church (digital edition, 2011) section 2270 states: “From the first moment of his existence, a human being must be recognized as having the rights of a person – among which is the inviolable right of every innocent being to life.” Section 2242 states: “The citizen is obliged in conscience not to follow the directives of civil authorities when they are contrary to the demands of the moral order, to the fundamental rights of persons or the teachings of the Gospel. Refusing obedience to civil authorities, when their demands are contrary to those of an upright conscience, finds its justification in the distinction between serving God and serving the political community”..."We must obey God rather than men" (Acts 5:29).
On behalf of Mary, Dr. Lugosi applied to the Superior Court on April 16, 2013, for big case management and constitutional test case status. As well, an application was made to the trial judge for direct funding by the Attorney General. All were denied.
Our unborn brothers and sisters need our help. The only available option, in order to pursue this very worthwhile constitutional challenge, is to directly appeal to the general public for donations to support Mary’s defence, which will involve hundreds of hours of legal work and the defence could be very expensive and may cost several hundred thousand dollars, especially if appeals are made and the case goes to the Supreme Court of Canada. It is hoped that people of all faiths and people of good will, will support the legal battle to bring before the courts the humanity of the child in the womb.
Mary’s case is our case. This is not just her battle, it is ours too! It is hoped that people of all faiths and people of good will, will support this legal battle to bring before the courts the humanity of the child in the womb. If you are able, please support this case according to your means. “Each and every contribution is valued, whether large or small” (Dr. Lugosi).
“Above all, please pray for the success of this case in defence of the unborn and for the healing of suffering post-abortive mothers and all women considering abortion” (Mary).
Trial dates have been set for 10 a.m. in the Ontario Court of Justice at 1000 Finch Ave. West at Dufferin Street, Toronto on Dec. 6, 11 and 12 to determine the merits and facts of the case; in 2014 on February 4 (2:15 pm) to argue for “standing” on Mary’s constitutional challenge; if standing is granted, March 18, 19, 20, 26, and 27 to hear medical and scientific experts testify on the humanity of the unborn child; and on May 13-16, the trial concludes. Dates may be subject to change.
Donations can be made payable to: Mary Wagner Legal Defence Fund in any Bank of Montreal in Canada,
account # 0319 8991-017; or preferably, you can make donations payable to Mary Wagner Legal Defence Fund and mail to: Mary Wagner Legal Defence Fund, c/o Bank of Montreal, 295 Boler Rd., London, ON, N6K 2K1. The Defence Fund is not a registered charity, so a receipt for income tax purposes unfortunately cannot be issued.
For information about Mary Wagner, Linda Gibbons, Joe Borowski, go to www.lifesitenews.com and other World Wide Web sources through your search engine. Presently, since Aug. 2012, Mary is at Vanier Centre for Women prison in Milton, Ontario. Linda was released from Vanier on Sept. 29, 2013 and is making every effort to support Mary.
Please pass this letter on to those you know.
Most Sincerely, John S. Bulsza, Co-trustee of the Mary Wagner Legal Defence Fund
John Bulsza, P.O. Box 20076 Byron,
431 Boler Rd, London, ON., N6K 2K0;