Dr. Maureen L. Condic

The appellant, an anti-abortion activist, appealed her convictions for mischief and breach of probation arising from her attendance at an abortion clinic.

She argued that a foetus is a human being and sought to challenge the constitutionality of section 223 of the Criminal Code, asserting defences of defence of others, necessity, and mistake of fact.

The Superior Court of Justice dismissed the appeal, upholding the trial judge's decision to decline a full evidentiary hearing on the biological status of a foetus, as binding appellate jurisprudence establishes that a foetus does not possess legal personhood or Charter rights.

The court also affirmed that the appellant's proposed defences were unavailable in law and that her probation conditions were reasonable.

Mary Wagner was charged with breach of probation and mischief interfering with private property arising from her attendance at a Toronto abortion clinic, where she attempted to intercede with patients by offering roses and pamphlets.

The trial focused not on whether the Crown could prove the acts alleged, but on whether Wagner was justified in her conduct based on defences of self-defence of others and necessity.

Wagner argued that a foetus has the status of a human being and that she was duty-bound to intervene to protect unborn lives.

The court rejected all of Wagner's constitutional and legal defences, finding her guilty on all counts.

The judgment provides extensive analysis of the legal status of the foetus under Canadian law, the scope of self-defence provisions, the doctrine of necessity, and the rule of law.