Mr. Speaker, I am pleased to stand in the House today to support my colleague from Edmonton—Sherwood Park and his private member's bill, Bill C-484.
First, why do we need this legislation? Many Canadians are shocked to learn that when an attacker kills a pregnant woman's unborn child, no charge can be laid in that child's death, even when the attacker purposely intended to kill the child. This is because our criminal law does not recognize children as victims of crime until they are born alive. This gap in federal law gives rise to grave injustices.
In November 2005, Olivia Talbot of Edmonton who was 27 weeks pregnant was shot three times in the abdomen and twice in the head by a long time friend. No charge could be laid in the death of baby Lane.
Another pregnant Edmonton woman was slain by her husband in the summer of 2005. Again, no charges could be laid in her baby's death.
In March 2007, a man from Surrey, B.C., was charged with second degree murder in the death of his wife who was four months pregnant at the time.
Recently, a woman from Toronto was seven months pregnant when she was repeatedly stabbed in the abdomen.
In all of these cases, there has been no recognition of a crime against these women's unborn children. Clearly, there are two victims in these types of crimes and this is recognized by the public. The grieving families of the victims have made impassioned pleas to their members of Parliament and the government to enact legislation to recognize unborn children as separate crime victims when they are harmed or killed during criminal attacks against their mothers.
This bill is totally focused on protecting the choice of a pregnant woman to carry her baby to term and to give her child life. The bill uses terminology that describes the injury or death of the unborn child during the commission of a crime against the mother.
The unborn victims of crime act would not change the definition of “human being” in the Criminal Code. The Criminal Code defines homicide as follows in subsection 222(1):
A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
Therefore, in today's criminal law, legal protection is afforded the child only once it has been born alive.
The unborn victims of crime act would amend the Criminal Code, so that legal protection will not only be given to human beings as defined by the Criminal Code but also to unborn children who are harmed or killed during the commission of an offence against the mother.
The amendment would not change the definition of human being. It would offer protection to the unborn child in a very particular circumstance despite the definition of human being.
Why do we need to recognize the unborn child as a separate victim? Our criminal justice system already takes into account aggravating factors, so why can the pregnancy not be treated as an aggravating factor?
First, aggravating factors are taken into account only for sentencing purposes, not when determining what offence was committed in the first place. The issue here is not just about how severe the sentence should be. It is about creating an offence specifically for the harm done to the preborn child in recognition of the fact that the child is also a victim of a crime when it is harmed or killed during an attack on the mother.
Even though treating pregnancy as an aggravating factor would serve to acknowledge that pregnancy makes a woman more vulnerable, it would send the message that it is only the physical condition of pregnancy that is relevant and that prenatal human life has no intrinsic value.
Any pregnant women who survives a violent attack but loses her preborn child, a child she wants and loves, will grieve for that child and no one can say she grieves for that child any less simply because that child had not yet been born. Failure to recognize these children as crime victims amounts to telling women that they lost nothing of value when their children were killed.
In existing criminal law, if the pregnant woman survives the attack but the child dies there is no murder charge. The offender is charged only with assault on the woman, but under the unborn victims of crime act the offender would be charged not only with the assault on the woman but also with the offence in the death of the child.
Second, if a mother and her already born child were attacked and intentionally killed, or if a person opened fire in a public place and killed multiple people, the offender would be charged with multiple counts of murder, not just one, regardless of our concurrent sentencing system. The point is that our criminal law recognizes each of these victims and recognition is not dependent on whether or not more jail time would be served.
In this respect, unborn victims legislation is no different about how our existing criminal law handles multiple victims. Some people have claimed that this type of law would be used to target pregnant women, citing U.S. examples of women with drug abuse problems being prosecuted under unborn victims of violence laws in the U.S. as evidence to support this claim.
Bill C-484 could never be used to prosecute pregnant women because it applies only during the commission of an offence against the woman. For greater certainty, the bill states that it does not apply in respect of any act or omission by the mother of the child.
I believe the intent of Bill C-484 is to protect the unborn child from third parties during the commission of an offence against the woman. Canada is unique in the democratic world for having virtually no legal protection for children before they are born. This legislation seeks to address this injustice by creating an offence for injuring or causing the death of an unborn child during the commission of an offence against the child's mother.
An Environics poll released in October 2007 found that 72% of all Canadians and 75% of women would support legislation making it a separate crime to injure or kill a fetus during an attack on the mother. Unborn victims of crime legislation protects a woman's choice to bring her child to term safely and it protects the life of that child. It is an area of common ground between those who call themselves pro choice and those who call themselves pro life.
Unborn victims of crime legislation is about protecting children whose mothers have chosen life for their children. The Supreme Court of Canada has said that any legal protection for unborn children must be decided by Parliament, not the courts. The legislation is an attempt by Parliament to do something the Supreme Court has said is up to Parliament to do.
According to the Canadian Perinatal Surveillance System, women abused during pregnancy were four times as likely as other abused women to report having experienced very serious violence, including being beaten up, choked, threatened with a gun, knife or sexually assaulted. It is very disturbing that when a woman is at her most vulnerable she is at increased risk of attack.
The bill would act as a strong deterrent to perpetrating violence against pregnant women. Researchers have found that the most common area of the body struck during pregnancy was the abdomen. This suggests that those who attack pregnant women are purposely targeting the baby.
We give more legal protection to animals than we do to the preborn human child. We have cruelty to animal laws, humane slaughter laws et cetera. What message are we sending to the woman when we refuse to recognize that the child growing inside of her is worthy of protection under the law? What message are we promoting about the value of human life?
Bill C-484 is supported by 72% of Canadians. Protecting preborn children in law is constitutional. The bill does not apply to actions by the mother. This new offence applies only if the woman's attacker knew or ought to have known she was pregnant.
I would urge all members in the House to support Bill C-484.