Bill C-291 -- 'fetal homicide' bill
May 22, 2006
Bill C-291 is a private members' bill that would make it a separate offence to kill or injure a fetus while committing a violent crime against its mother.
Introduced and given first reading May 17th by MP Leon Benoit, Bill C-291 would recognize two "persons" in crimes such as the murder last year of Liana White in Edmonton, or Lacey Peterson in California.
In both cases, the women killed were pregnant. California law allows for murder charges in the deaths of both the mother and her unborn child in such cases, but Canadian law does not.
There is an article in the Toronto Star -- "MP unveils fetal homicide bill" that quotes Mary Eberts, co-founder of LEAF about the implications of Bill C-291 for the abortion debate.
** Excerpts from the Star article **
Bill C-291 is the second piece of business on the list of private members' bills to be dealt with after Parliament resumes next Monday after this week's break. It will be voted on by all MPs. ...
...Harper has promised his MPs free votes on such matters, but he has also promised his government would not initiate any legislation on abortion in its first mandate.
The bill says anyone who injures or causes the death of a child before or during its birth while committing an offence against the mother - even if the offender does not know the woman is pregnant, or does not intend to injure or kill the child - would be guilty of a separate crime, and punished for it separately. It is the first time in recent years such a "fetal homicide" bill comes before Parliament, although Conservative MP Maurice Vellacott (Saskatoon-Wanuskewin) in the last Parliament talked about bringing one forward.
But if Parliament passes the bill, it would eventually lead down the path of arguments for more restrictions on abortions, says Mary Eberts, co-founder of the women's Legal Education and Action Fund (LEAF) , and a Charter equality rights litigator."It is quite a change philosophically, or in principle, from the foundation of the common law at the present time," Eberts said. "I think that any such change is bound to set off ripples in future cases or in other situations." ...
... The parliamentary agenda shows C-291 will be debated for an hour on May 30. Then it falls to the bottom of a list of dozens of private members' bills, before returning for a second hour of debate and a vote, supposedly after 15 business days. It would then go to a Commons committee for study and possible change before returning for a vote on third or final reading.
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