Imprisoned pro-lifer Mary Wagner appeals for funds to challenge status of unborn in law
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 at a Toronto abortion facility. Wagner has spent over two and a half years in jail as a result of her practice of entering abortion clinics and offering women there a rose and pro-life counselling.
Now her lawyer is preparing a defense for Mary that could have national significance for the pro-life movement and the country’s unborn children. Wagner’s defence counsel, Dr. Charles I. Lugosi, S.J.D. will argue that Mary’s actions are legal under section 37 of the Criminal Code of Canada, which justifies actions to defend “any one” under a person’s protection from assault. The argument will contend that “any one” includes unborn children.
“Mary is compelled by her conscience to disobey her probation order, because the law permits the self-defence of other human beings,” said Lugosi. “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.”
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Dr. Lugosi applied to the superior court on April 16, 2013, for big case management and constitutional test case status. An application was also made to the trial judge for direct funding of the case by the Attorney General. All of these were denied.
In order to pursue her constitutional challenge, Wagner has decided to directly appeal to the general public for donations to support her defence, which will involve hundreds of hours of legal work and may cost hundreds of thousands of dollars.
Wagner came to Toronto from British Columbia in 2010 to be in solidarity with Canadian pro-life heroine Linda Gibbons, who has spent 10.5 years of her life in prison since September of 1994. Wagner has now spent 2.6 years in prison since March of 2010.
Court dates have been set for 10 am. in the Ontario Court of Justice at 1000 Finch Ave. West at Dufferin Street in Toronto on Dec. 6, 11, and 12 to determine the merits and facts of the case; in 2014 on 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, when the trial will conclude. These dates may be subject to change.
“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,” said Wagner.
Donations can be made in two ways:
1. To: Mary Wagner Legal Defence Fund, Account # 0319 8991-017, in any Bank of Montreal in Canada. Please request that the deposit be a “credit memo” to help with their bookkeeping.
2. By check payable to Mary Wagner Legal Defence Fund with the bank account number (0319 8991-017) written in the memo section, and mailed to: Mary Wagner Legal Defence Fund, c/o Bank of Montreal, 295 Boler Rd., London, ON, N6K 2K1.