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A BC anti-abortion group claimed a newspaper infringed on their human rights when it cancelled a Halloween-themed advertisement.

The BC Human Rights Tribunal dismissed the group's claim nearly five years after the Nelson Star decided on a moratorium on any abortion-related ads.

Peter Nachbaur of the Nelson Right to Life Society said in the suit the group was discriminated against based on religion, but the tribunal dismissed the claim on Oct. 17.

Nachbaur sought “unfettered access to advertising pro-life advertisements including pictures of pre-born children for any group or persons" in response to what he claimed was religious discrimination.

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The Halloween-themed ad depicted a skeletal ribcage and spine above the skeleton of a fetus. "An abortion will haunt you forever," the ad read above the image, going on to say "A baby is the sweetest treat ever!"

The Catholic group bought them for several years before the final Oct. 27, 2018 ad.

The Nelson Star got backlash from the community after the Nelson Right to Life Society took out this Halloween-themed ad in 2018.

Image Credit: SUBMITTED/BC Human Rights Tribunal

This time, at least 36 people responded over email and more with angry phone calls. The Nelson Star got dozens of complaints when the ad published, with women describing the ad as "harsh and shaming" and "triggering," according to the tribunal decision.

On Nov. 1, the paper's publisher decided it should have a "cooling off" period without any ads on abortion, regardless of the advertiser's stance. The paper never returned to allowing the ads.

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The paper said its "acceptance and role as a medium of news and communication for elements in the community would be placed in jeopardy," when explaining why they stopped the ads entirely.

In defending its decision, the paper also pointed to a previous tribunal ruling in which local advertiser Pennywise also declined the society's business. In the 2012 decision, the tribunal dismissed the claim, finding the paper did not discriminate against his Catholic faith.

The tribunal decided Nachbaur had "no reasonable prospect" of winning the claim. Just because Nachbaur claimed the group's anti-abortion stance is based in Catholic faith, there was no proof the paper discriminated against the group because of their religion.

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