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In its motion filed Friday, Toronto Right to Life highlights the evidence Wernick disclosed around the complaints, arguing they all came from one pro-choice lobby group.

Employment Minister Patty Hajdu had told the media in January that “last year we heard a whole bunch of complaints from citizens across Canada and organizations” about anti-abortion groups. Of the six examples Wernick included with her affidavit, all but one are a form letter from the Abortion Rights Coalition of Canada, while the other links to a press release from that coalition.

During cross-examination, Wernick said she couldn’t speak to whether the complaints were investigated for merit, and noted the minister may have heard other complaints that weren’t forwarded to the department.

In April 2017, following a media report on grants going to anti-abortion groups, Hajdu’s office said they had “fixed the issue” and would not allow such groups in Liberal ridings to get funding. The attestation was added the following year.

Toronto Right to Life is already contesting the attestation on the grounds it violates their Charter rights to freedom of conscience, expression, and to be treated equally under the law. They are now seeking to additionally argue Wernick’s evidence shows the government made its decision “with an improper purpose, bias, on irrelevant considerations, and in bad faith.”

In looking to join the case, the B.C. Civil Liberties Association says it won’t be arguing the government doesn’t have the right to set funding priorities.

“Instead, the BCCLA would take the position that the mechanism the (government) chose to employ in this case — the attestation of holding certain beliefs — would, in the BCCLA’s view, attach an unconstitutional condition that is unrelated to the program.”

In the coming weeks a Federal Court judge will rule on their intervenor status, and on whether Toronto Right to Life can add grounds of complaint. The case as a whole has a hearing set for June 19, but that could be delayed depending on these decisions.

• Email: bplatt@postmedia.com | Twitter: btaplatt