On August 20, 2009 the New Brunswick Court of Appeal, the highest court in the province, rejected the appeal from the Provincial Court of New Brunswick's decision of Judge Leslie Jackson given on November 7, 2007 and the appeal from the Court of Queen's Bench decision given by Justice Hugh McLellan on October 24, 2008. The appellant, Mr. David T. Little, founder and president of the World St. Thomas More Society announced today that after consultation with a renowned Constitutional legal expert and Professor of Law that he will seek leave to appeal to the Supreme Court of Canada, (SCC) if he can find the money for representation.
"All the courts in this case erred in not finding a violation of s.2a of the Charter," said the law professor and member of the Canadian Bar. He noted that there are at least seven grounds of appeal. It is the intention of Mr. Little to engage this lawyer/professor to represent him to the SCC if funding can be raised within the next 18 days. If this happens, the name of the lawyer will be made public.
Mr. Little will attend a default hearing of the Provincial Court on September 25 set by that court to demand payment of fines and file returns or go to jail. Mr. Little will request an adjournment if funding goals and filing deadlines to the SCC are met. Otherwise Mr. Little says he will do what he has said from the beginning of this long five year legal battle. He will go to jail until the law is changed.
He stated, "Look, this matter is quite simple. My Catholic faith says that abortion is the murder of an innocent child. My conscience will no longer allow me to pray for life and pay for death. I was a coward. Much prayer changed that. My Church formally teaches that authority is exercised legitimately only when it seeks the common good of the group concerned and if it employs morally licit means to attain it. If rulers enact unjust laws or take measures contrary to the moral order, such arrangements are not binding in conscience. This is a direct quote from the Catechism of the Catholic Church at paragraph 1903. The 'group' concerned here are innocent human beings in the womb. This is the moral basis of my refusing to file ever again until the law is changed prohibiting tax-funded abortion murder. The legal matter is simple as well. It is this: no citizen in a free and democratic society should be forced to pay for what they sincerely believe is the plain and simple murder of innocent human beings. The Charter and case law supports this."
St. John Bosco said, "The power of evil men lives on the cowardice of the good." If just a few hundred Christian folks joined me in refusing to file, the law would soon change and prohibit tax funded murder. For me, I will never co-operate with these murderous regimes again. I will win in court or in jail. If I was in the womb, I would want someone, anyone, to risk something to save me from for murder. For heaven's sake, they don't throw us to the lions anymore, they can only take away your freedom. To paraphrase St. Thomas More, "it is a disgrace that some Christians sleep while holy innocents are in peril for their very lives."