Unborn Victims of Crime Act

An Act to amend the Criminal Code (injuring or causing the death of an unborn child while committing an offence)

This bill is from the 39th Parliament, 2nd session, which ended in September 2008.

Sponsor

Ken Epp  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

In committee (House), as of March 5, 2008
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Criminal Code by making it an offence to injure, cause the death of or attempt to cause the death of a child before or during its birth while committing or attempting to commit an offence against the mother.

Similar bills

C-225 (42nd Parliament, 1st session) Protection of Pregnant Women and Their Preborn Children Act (Cassie and Molly's Law)
C-291 (39th Parliament, 1st session) An Act to amend the Criminal Code (injuring or causing the death of a child before or during its birth while committing an offence)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-484s:

C-484 (2013) An Act Respecting the Amendment of the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations
C-484 (2013) An Act Respecting the Amendment of the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations
C-484 (2010) An Act to amend the Criminal Code (cracking down on child pornography)
C-484 (2009) An Act to amend the Criminal Code (cracking down on child pornography)

Votes

March 5, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

Status of WomenOral Questions

March 10th, 2008 / 2:35 p.m.


See context

Bloc

Johanne Deschamps Bloc Laurentides—Labelle, QC

Mr. Speaker, the president of the Quebec office of the Campaign Life Coalition, Luc Gagnon, said that Bill C-484 is a first step towards recriminalizing abortion.

Right-wing religious groups also applaud this initiative. The situation is worrisome, because the same strategy was used by the opponents of freedom of choice in the United States to have abortion criminalized.

Will the Minister of Canadian Heritage, Status of Women and Official Languages take action to defend the rights of women against such a possibility? That is her duty. Will she fulfill it?

Status of WomenOral Questions

March 7th, 2008 / 11:30 a.m.


See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, the Conservatives may have their blinders on, but the women of Quebec and Canada do not.

The president of Quebec's Campaign Life Coalition, Luc Gagnon, has said that Bill C-484 is the first step towards recriminalizing abortion. Joyce Arthur, of the Abortion Rights Coalition, said that once a person is found guilty of murdering a fetus, the Supreme Court will use the verdict to determine that a fetus is a human being.

Will the minister listen to the Bloc's recommendations and convince her colleagues of the dangers of voting for such a bill?

International Women's DayStatements By Members

March 6th, 2008 / 2:05 p.m.


See context

Bloc

Carole Freeman Bloc Châteauguay—Saint-Constant, QC

Mr. Speaker, March 8 is International Women's Day and will be celebrated this year with the theme, “Strong Women, Strong World”.

To mark the occasion, I would like to commemorate the 20th anniversary of the decriminalization of abortion. Indeed, on January 28, 1988, in the Morgentaler decision, the Supreme Court declared section 251 of the Criminal Code unconstitutional because it infringed on women's rights to life, liberty and security.

This decision helped reduce the number of clandestine abortions, which were causing serious health problems for women, often even leading to women's deaths. Since the Morgentaler case, not a year goes by when the rights of women to exercise autonomy and free will are questioned, jeopardized, limited and even threatened. The Conservatives are the masters of this, as evidenced by Bill C-484.

Vigilance is crucial with this backward-thinking government that has no other wish than to see the rights of women take a step back, even though they are strong women for a strong world.

Rights of the UnbornStatements By Members

March 6th, 2008 / 2 p.m.


See context

Conservative

Garry Breitkreuz Conservative Yorkton—Melville, SK

Mr. Speaker, Canada is known as a country in which we have laws that protect all equally and where citizens are compassionate and caring. However, one important change is needed to preserve that reputation. Canadians are surprised to know that in Canada a woman who has chosen to have a child gets no help from the law in protecting her unborn child.

The member of Parliament for Edmonton—Sherwood Park has introduce Bill C-484 to address this gap in the law. His unborn victims of crime act recognizes that a woman who has chosen to have her child and to give it birth has a right to protection for her child as well as for herself. Seventy-two per cent of Canadians support this legislation. I hope MPs here continue to support it as it works its way through committee and on to third reading.

Let us support the choice of the woman and the child she has chosen to keep.

Opposition Motion--Status of WomenBusiness of SupplyGovernment Orders

March 6th, 2008 / 1:40 p.m.


See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I feel a little uncomfortable about the motion put forward here today. I find it somewhat unfortunate the women are being used, International Women's Day is being used and women's issues are being used to try to make this an opposition day, when the Liberal Party knows full well that the Bloc Québécois, the NDP and the Conservatives will all vote against this motion. I think that was their goal here today, but I find their actions very pernicious.

While the motion raises issues that we defend wholeheartedly and enthusiastically, issues that we really care about, we nevertheless find ourselves compelled to vote against it. I find that especially unfortunate, considering that most of the women who have spoken so far are aware of what is at stake in terms of women's issues today. They know that the Conservatives made drastic cuts to all social programs for women. They also made significant cuts to both the court challenges program and the women's program.

When a party drafts such a motion and forces the opposition parties to vote against it, knowing full well that the members of those parties care about the issues identified by its premise, I think that is somewhat dishonest, especially since we know that the Liberal Party has recently been joining forces, almost openly, with the Conservative Party.

Refusing to vote against a budget and a throne speech is the same as adopting the positions of the party in power. In other words, one supports that party. If one does not vote against something, one is for it. And if one is for something, one supports the policies and positions of that party. Supporting the positions of the Conservative Party and then trying tacitly to denounce them is somewhat dubious as a position, I find.

Unfortunately, we are going to have to vote against this motion. I say unfortunately, because as a woman, I would like to tell my Liberal colleagues, my NDP colleagues and my Conservative colleagues—even though there are fewer women in that caucus—that the recent cuts, the adoption of Bill C-484 yesterday and the elimination of the court challenges program threaten all women in Quebec and many women in Canada. No matter what we said or did, the government boasted that 72% of women supported the adoption of Bill C-484. In my opinion, there was a huge amount of manipulation and disinformation with regard to this bill, and I think that is a shame.

We know that the member who introduced the bill had previously introduced bills designed to reopen the abortion issue. In addition, the e-mail that was received came from anglophones in English Canada, where the right has a much stronger presence. Most of these people are members of the pro-life movement. We did not receive any e-mail from women or other people in Quebec urging us to vote for this bill, because we know that it represents a direct attack on women's rights and a step backward in terms of women's freedom, independence and self-determination. I think that is a shame.

I think it is a shame that the Liberals are taking an opposition day so lightly when we have so few of them. Why waste them doing nothing? Why waste them on empty rhetoric? We cannot vote for this motion, especially since the Liberal Party is condemning the Conservative Party for what it has done, while in 2005, FAFIA, the Canadian Feminist Alliance for International Action, denounced the Liberal Party for the cuts it had made, which set women back significantly. Ten years of federal budgets: double whammy for women. That is what FAFIA said in 2005 about the period from 1995 to 2005.

We should add that the United Nations Human Rights Committee severely reprimanded Canada, on November 3, 2005, for its treatment of aboriginal and incarcerated women. That was before the last election, when the Liberals were still in power. It was not in 2006. However, we know that aboriginal and incarcerated women are not treated any better today.

We should not always blame the party in power. We need to take a hard look at ourselves and determine what we have done that was good and what was not so good, admit it and move on to other things.

This does not allow us to move on to other things nor to lend credibility to the file for which the Standing Committee on Status of Women is responsible. This gives absolutely no credibility to all the interventions made in this house to defend the cause of women. In fact, today's motion ridicules this cause.

Personally, I am very angry. I believe that women deserve better than a motion such as this one, which destroys all our attempts to advance the cause of women. It is already a difficult enough task with the Conservative Party. We have already taken enough steps backwards in the past year one political party is not aware of the potential impact of a motion on the entire Parliament and the outside groups following the debate.

When it comes to the cause of women, we should be united, not divided. There should be no partisanship. Otherwise we will make no progress and just spin our wheels. It is deplorable to use this cause for narrow political purposes.

I am getting worked up even though I know that the authors of this motion may not have realized its potential repercussions. If I get worked up it is because I sometimes find that there are too many leaders in a party, or not enough, that is to say that the actual leader is not doing his job.

Insofar as pay equity is concerned, I want to remind the House that women have been fighting for it for more than 20 years. It goes back not just to the Conservative government but to the Liberals as well. They try to cast blame on the Bloc Québécois and the NDP when all the Bloc members have done is to oppose any measures brought before this Parliament that did not seem right to them. That is the mandate we have adopted: to oppose any measures or programs that would be a setback to the status of women or injurious to anyone living in Quebec.

We cannot be blamed for doing our job. The day we stop doing it will be the day the voters throw us out. If some parties are losing their credibility and are being abandoned by some of their MPs and party members, it is not because the Bloc Québécois told the electors how to vote. It is because the party in question did not do its job, did not take the time to examine itself, make the necessary corrections, and admit its errors.

I must say, with all the humility I can muster, that I sincerely believe the voters will be as convincing in the next election as they were when they threw the Liberals out of Quebec. This time, though, the voters will be equally as convincing elsewhere. They will take into account the actions of the Conservative Party, which won only 36% of the vote, making it a minority government, but does whatever it wants regardless of what Parliament decides.

I doubt the voters will want to put this government back in power—at least, not out west or in the eastern provinces. Maybe in Alberta, because it gives them lots of money. Apart from that, though, the voters have not been fooled.

We should all work hard in this House for the well-being of our citizens and the people we represent. I hope we will have the courage and audacity to rise, oppose this motion and say what we think of it. If we pass motions like this in the House, we will only be diminishing ourselves as members of Parliament and representatives of the people.

My colleague from Laurentides—Labelle and I did a tour of Quebec in the spring and summer to meet with women’s groups and all the groups that could tell us what women were concerned about in their daily lives with respect to the legislation and the various programs created here.

We met a lot of women’s groups and they told us, without exception, how concerned they were about what this government was doing. All these groups, without exception, told us how happy they were that someone was finally showing genuine concern about their issues and preoccupations and how we could help them and work together with them to achieve as much as possible—under the circumstances, naturally.

All these women’s groups were also opposed to the cuts the government had made, especially to the court challenges program, the women’s program and social housing. When the government cuts social housing programs, it has a real, immediate impact on the lives of women.

The CMHC has made huge profits. It has a surplus of over $11 billion. And not one penny of that is going towards building social housing or affordable housing, so that single mothers and their children can live in a safe environment.

Absolutely nothing is being done to help these women return to the labour force with more pride and dignity. In fact, access to EI has been cut for women. The various programs have been getting cut for several years now. There were several billion dollars in the EI account, but programs were still cut.

Unfortunately, such a motion reminds us that there are a number of problems surrounding the challenges facing women. It reminds us that there are also many problems concerning everything that women must do and can do to be able to move forward and gain more freedom. It also reminds us that there is pettiness in politics, and there is never room for pettiness. It should never exist, especially not on March 6, two days before March 8, International Women's Day, whose theme is “Strong Women, Strong World”.

Where are the strong women in the Liberal Party who could have prevented this motion? Where are they? Strong women are women who would dare rise, speak, and tell their colleagues how they feel about something as low as what was introduced today. That is a strong woman. I am ashamed to know that today, there are women in this Parliament who have not shown their strength.

They let themselves be manipulated and tempted by a remote political objective, and I am disappointed.

I see that it is now time for question period. Mr. Speaker, if you tell me how much time I have left, I would be happy to—

Opposition Motion—Status of WomenBusiness of SupplyGovernment Orders

March 6th, 2008 / 11:35 a.m.


See context

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I want to thank the hon. member for her question, but I must tell her that I am not a specialist in program evaluation and the adequate use of public funding, in particular for Status of Women Canada.

Of course the Bloc Québécois is of the opinion that the tax dollars of citizens, of Quebeckers, should be put to good use. That money must be used to serve the interests of the voters and taxpayers. It is not our money we are managing here in Parliament, but money that belongs to Canadian and Quebec taxpayers. Their money and taxes should be used to reflect their values. One value that is important to the Quebec nation is equality between men and women.

To help women in need in any way possible, this government must drop its hidden political agenda that is inspired by the right-wing women's group REAL Women of Canada. In any event, it is not by cutting funding to Status of Women Canada, nor by passing bills such as Bill C-484, that the government will be able to help defend the interests of Quebeckers and promote their values.

Opposition Motion—Status of WomenBusiness of SupplyGovernment Orders

March 6th, 2008 / 11:25 a.m.


See context

Bloc

Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC

Mr. Speaker, I want first to congratulate my colleague from Laurentides—Labelle, who did such a good job of explaining the Bloc Québécois’ position on the Liberal opposition day devoted to the status of women. As well, I am very pleased that we are speaking on the eve of International Women's Day about the status of women, improvements in that status, and equality between men and women.

I am very sorry, though, that this is being done in connection with a partisan motion that ends on a partisan note and tries to stick it to colleagues in the NDP and Bloc Québécois for reasons that are not very clear in the motion. It is also very regrettable that the Liberal Party’s motion intrudes on jurisdictions belonging to Quebec, the Quebec nation and other provinces. It is too bad that the Liberals are interfering once again in areas of Quebec’s jurisdiction. That really is too bad.

All the women in Parliament are extremely fortunate and privileged to be here and to be able to further the well-being of our fellow citizens, especially women. On the eve of International Women's Day I think it would have been appropriate to make a grand gesture of solidarity, all the women together, to find a way to advance just one of the causes dear to women and to take just one step toward improving the status of women. Instead, we are busy here saying one party thinks this and the other party thinks that. That is really too bad.

It is even worse that International Women's Day is being marked so shortly after the passage yesterday of Bill C-484, an act to amend the Criminal Code (injuring or causing the death of an unborn child while committing an offence). I can hardly express how offended I feel, as a woman, by this bill. I am offended in several different ways.

First, this bill makes a pretence of protecting pregnant women and fetuses. In actual fact, it provides legal status to fetuses, which could even result in women who try to get an abortion being imprisoned as vile criminals. This is a bill that deprives women of control over their own bodies. What upset me the most is the fact that, even though the women in the party that introduced this bill were opposed to it, the people who voted in favour were mostly men. That is a real setback for the status of women. I think the Conservative Party will set the status of women back in several ways.

Among them are the cutbacks to Status of Women Canada on the pretext that the money does not go directly to women. Nothing could be more misguided. The need is still there. Status of Women Canada is an agency that teaches women how to fish rather than just giving them fish. I suspect the government knows very well what it is doing. On the pretext that the money does not go directly to women, it is eliminating the regional offices of Status of Women Canada.

Something else really shocked me. On one occasion, I had to sit in for one of my colleagues on the Standing Committee on the Status of Women. I was amazed to see that the main witnesses were two experts on the status of women representing Status of Women Canada. They had come to share their expertise with this government, particularly with the representatives of the Conservative government, who were asking them for opinions and advice and who were drawing on their expertise, all the while saying, in public, that Status of Women Canada was not doing its job.

I was enormously shocked, and I still am. I cannot come to terms with the fact that Status of Women Canada has had its budget slashed and Bill C-484 has been passed. I know it will be studied in committee, and I hope it will never get out of committee.

As labour critic, I am going to talk about women’s working conditions. There was a question from the member for Beaches—East York concerning pay equity. I have to say that women in Canada generally have incomes lower than men. There is still a lot to be done regarding the status of women.

In 2003, the average annual income—income from all sources before taxes—for women aged 16 and over was $24,400. That included income from employment, transfer payments, investment income and other pecuniary income. It amounted to only 62% of men’s income, which averaged $39,300 in the same year.

In Quebec the Pay Equity Act of 1996 has remedied the wage gap within the same company where it results from gender-based discrimination against people employed in predominantly female job classes. That law affects all women in Quebec, with the exception of the just under 10% of women covered by the Canada Labour Code.

Although section 11 of the Canadian Human Rights Act provides that an employer who establishes differences in wages disparities between male and female employees who are performing work of equal value in the same establishment is committing a discriminatory practice, there is still a wage gap between men and women at the federal level.

The Bloc Québécois is calling for the existing pay equity model, which is based on complaints, to be replaced by a separate, proactive new pay equity law that would make pay equity a fundamental human right, consistent with the situation in Quebec, so that there would no longer be two classes of women workers in Quebec.

On the subject of two classes of women workers in Quebec, I would like to talk about the anti-strikebreaker law. This is another thing that results in two classes of women workers in Quebec. It is the same two classes—women who come under the Quebec Labour Code and have access to a number of reasonable privileges, and women who come under the Canada Labour Code, who work in banks, ports, airports, communications and telecommunications, who are less fortunate. Not only do they not have pay equity, but they also do not have protective reassignment or anti-scab legislation.

This morning, the Minister of Labour said that Canada ranked first among G-7 countries in the number of person days per worker lost due to labour disputes. I would like to remind the minister, as I have told him on several occasions in our discussions on the anti-scab bill, that from 1992 to 2002 in Quebec, out of 1,000 employees, 121 person days were lost, while in Canada, there were 266. The main reason, if not the only reason, is that Quebec has anti-scab legislation that works and that changes the employers' negotiating strategy. It gives unionized and non-unionized workers a means of applying pressure to match that of their employers. The anti-scab legislation also means that women who work in Quebec and are covered by the Canada Labour Code are in a more difficult situation than those who are covered by the Quebec Labour Code.

I would now like to address the question of protective reassignment. Women who work in Quebec under the Canada Labour Code have only the employment insurance program, which is not working well and needs improvement, as coverage when they must withdraw from a work environment that is harmful to them or their baby. Thus, a pregnant or nursing woman must meet the eligibility criteria for the employment insurance program. When we know that, in 2001, only 33% of women paying into EI were eligible for benefits, this means that many women have no protection.

Moreover, women entitled to these benefits only receive 55% of their gross pay, whereas in Quebec, under the occupational health and safety act, expectant mothers receive 90% of their net pay. In addition, this forces pregnant women working under federal jurisdiction to mortgage their maternity and parental leave because weeks used before the birth are deducted from their total weeks of benefits.

In Quebec, pregnant or nursing workers are covered under the Quebec workplace health and safety commission, the CSST, which provides wage protection for the number of weeks deemed necessary by their doctor to ensure the safety of the woman and the child, without having to use up their weeks of employment insurance.

Determined to rectify the unfair situation of Quebec women in workplaces under federal jurisdiction, the Bloc Québécois introduced a bill on May 10, 2005, to provide these workers with the right to be benefit from the provisions of the Quebec plan.

In spite of Liberal opposition, the Bloc Québécois succeeded in passing the bill at second reading, but it was not adopted before the end of the parliamentary session and died on the order paper. We realize that it is only a matter of time.

In conclusion—

Rights of the UnbornPetitionsRoutine Proceedings

March 4th, 2008 / 10:05 a.m.


See context

Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, I am very happy to present a petition on behalf of petitioners who have noted that in federal criminal law an unborn child is not recognized as a victim with respect to violent crimes. They point to the situation in Edmonton when Olivia Talbot was shot and killed in November 2005 and her 27-week-old unborn son, Lane Jr., also died. Because the law offers no legal protection for unborn children today, no charge was laid in the death of baby Lane.

The petitioners call upon Parliament to enact legislation which will recognize unborn children as separate victims when they are injured or killed during the commission of an offence against their mothers. Members will have the opportunity to do that tomorrow night on Bill C-484, which is sponsored by the member for Edmonton—Sherwood Park.

Unborn Victims of CrimePetitionsRoutine Proceedings

March 3rd, 2008 / 3:30 p.m.


See context

Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I am very honoured today to present in the House again a large number of names signed to petitions in support of Bill C-484, the bill that would provide for charges to be laid when an unborn child is a victim of a crime against its mother. These petitions are from right across the country, from, little towns, big towns, cities and rural areas. These signatures represent the 72% of Canadians who support this legislation.

I am very honoured to present today another 2,276 names to be added to the list, so that we now have almost 10,000. I think that the next time I stand up it will be 10,000.

Rights of the UnbornPetitionsRoutine Proceedings

February 29th, 2008 / 12:20 p.m.


See context

Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I have, once again, a whole handful of petitions that have been signed by people right across the country in support of Bill C-484, the unborn victims of crime act.

I really appreciate the people who are doing this. I would like to mention a few towns. We have many from the major cities, but there is Pambrun, Saskatchewan, Kelowna, Chilliwack, Abbotsford, Regina and Pembroke.

All of these petitioners come from right across the country and they are supporting legislation that would recognize that there would be a separate charge laid when an unborn child dies or is injured when its mother is the victim of a crime.

Unborn Victims of CrimeStatements By Members

February 29th, 2008 / 10:55 a.m.


See context

Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, I congratulate the member for Edmonton—Sherwood Park for his excellent work on Bill C-484, which is an improved version of a bill that I introduced and debated in the House about a year ago.

This bill, if passed, would protect unborn children who are targets of violence when their mother is a victim of a crime.

Mary Talbot, the mother of 2005 murder victim, Olivia Talbot, and grandmother of Olivia's unborn son, said to Joyce Arthur, who is a detractor of this bill:

Please show some respect for my daughter's and her unborn baby's memory....And I feel I can ask the same for the rest of the families who are at this time grieving the loss of their loved ones. I hope you never have to experience the pain, anguish and sense of injustice of losing a beloved family member to violence, only to learn that no crime was committed, only to learn that the one your heart breaks for, was of no worth.

Mary has said it well, and it is enough reason for all MPs to vote for Ken Epp's bill, Bill C-484.

Rights of the UnbornPetitionsRoutine Proceedings

February 27th, 2008 / 3:20 p.m.


See context

Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, I am pleased and honoured to present another 1,533 names on a petition supporting Bill C-484. This is a bill that calls for Parliament to enact legislation to recognize unborn children as separate victims when their mothers are the object of the commission of an offence.

I am very impressed. These petitioners come from Toronto, Winnipeg, Vancouver and other large cities, but I noticed in my estimate that all of the citizens of Kamsack signed it. Members have probably never even heard of Kamsack. It is in Saskatchewan. We also have a whole bunch of names from the little town where I was born, Swift Current, Saskatchewan.

Status of WomenStatements by Members

January 29th, 2008 / 2:10 p.m.


See context

Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, this week marks the 20th anniversary of a very important ruling for women. In the Dr. Morgentaler case, the Supreme Court of Canada decriminalized abortion.

After a tough 20-year battle led by doctors and women's groups, this ruling finally allowed women to take control of their bodies and their pregnancies and to have access to safe abortion. Since then, they have had the freedom to choose.

That is why any threat by this Conservative government to limit the right to abortion is a direct affront to women's rights. Bill C-484 by the hon. Conservative member for Edmonton—Sherwood Park opens the door to criminalizing abortion.

We are against taking any steps backward. Abortion is a vested right ensuring the well-being and equality of women.