Bill C-510 (Historical)

An Act to Prevent Coercion of Pregnant Women to Abort (Roxanne's Law)

An Act to amend the Criminal Code (coercion)

This enactment amends the Criminal Code to make it an offence for someone to coerce or attempt to coerce a female person to have an abortion.

Special Committee on Subsection 223(1) of the Criminal Code

[Sylvain Chicoine, NDP, Châteauguay—Saint-Constant, QC]

Mr. Speaker, I am pleased to rise today in the House to express my strong opposition for Motion No. 312. I am strongly opposed to this motion based on my own personal convictions, but dozens of my constituents have also asked me to oppose it because they are concerned. While I am honoured to speak today, I am very disappointed that I am addressing the House about an issue that most Canadians thought was completely closed. The hon. member for Kitchener Centre wants to reopen a debate on an issue that we thought had been resolved for many years. It seems that he wants to try to break the social peace that has settled over this country. He brought forward a motion that reads as follows:

That a special committee of the House be appointed and directed to review the declaration in Subsection 223(1) of the Criminal Code which states that a child becomes a human being only at the moment of complete birth and to answer the questions hereinafter set forth;

The motion also sets out the composition of and powers given to the committee.

I would first like to clarify certain statements that the hon. member for Kitchener Centre made in the speech he gave during the first hour of debate and other speeches.

The definition dates back to 1892 and not to the 17th century, as he led us to believe. Many of our laws were sanctioned in the early years of our federation and they are still in effect and still relevant to the governance of the country. He also said that abortions were done in the third trimester, more specifically that there were no rights to protect the fetus in the third trimester. I would like to remind the hon. member that 90% of abortions are done in the first trimester. Only 0.3% of abortions are done after the 20th week, and most of those are done for quasi-medical reasons or when the mother's health is in jeopardy.

I would also like to mention to my colleague that abortions are down by an average of 1% per year. So, it is not true that fetuses are being aborted during the third trimester. The Conservatives are twisting the facts to justify their ideologies. Canadians have the right to have the real facts rather than twisted ones.

As I said earlier, in the mind of Canadians, this debate has been closed for many years, following many Supreme Court decisions. It is up to Parliament to make legislation, but it is the responsibility of the courts to review the legislation and to make sure that it is consistent with our Constitution and the individual rights that we all enjoy under the Canadian Charter of Rights and Freedoms.

It is important to know the political and legal history behind this debate. Let me quickly go over the facts to refresh the memory of the hon. members opposite, in case they may have forgotten them. In 1988, the Morgentaler decision held that the Criminal Code provisions on abortion were unconstitutional. They violate section 7 of the Charter.

After the 1988 Morgentaler decision, a number of provinces tried to restrict access to abortion by using the health care system in terms of reimbursing costs. They prohibited abortions that were not performed in public hospitals by not paying for abortion fees. In the Morgentaler decisions against the provinces of New Brunswick, Prince Edward Island, Manitoba and Quebec, courts ruled in all cases that the provinces’ attempts to restrict abortion were contrary to the Charter.

All of these decisions always focused on a woman's inalienable rights concerning her body. However, as my colleague from Gatineau mentioned in a passionate speech, there was a fundamental aspect missing from the speech by the member for Kitchener Centre: a woman's right to control her own body. This right is included in the Canadian Charter of Rights and Freedoms. But the member for Kitchener Centre seems to have completely forgotten that, or simply ignored it. The member said that he wants a study in good faith on the issue and that the definition in section 223 of the Criminal Code is dishonest.

Let us talk about honesty in speeches and statements. The member for Kitchener Centre said:

Motion No. 312 simply calls for a study of the evidence about when a child becomes a human being. It does not propose any answer to that question. In fact, it directs the committee to make no decision and no recommendation but merely to report options.

However, the Chief Government Whip said:

...the ultimate intention of this motion is to restrict abortions in Canada at some fetal development stage.

The member for Ktichener Centre also indicated in an interview with Metro Ottawa published on April 26, 2012, that if we reach a conclusion on when a child becomes a human being then all of the other issues that are so complicated about abortion can be discussed with that honest conclusion as a bedrock foundation. Either the member is contradicting himself, or else the member for Kitchener Centre is hiding his real desire to turn women who have abortions into criminals. So, the member should be careful when he talks about honesty.

The Conservative Party does not have a good record on this issue. The Conservatives have been trying to criminalize abortion for a long time. The Mulroney government introduced Bill C-43 in order to criminalize abortion, but fortunately it was defeated at third reading.

In 2004, the then leader of the opposition, who is now the Prime Minister, said that the first Conservative government would not be interested in reopening the abortion issue.

In 2008, the member for Edmonton—Sherwood Park tried to create a loophole for the criminalization of abortion by introducing Bill C-484, which would have made the murder of a pregnant woman a double homicide. Almost every Conservative, including the Prime Minister, voted for the bill.

In 2010, when the Muskoka Initiative for maternal health was launched by the G8, the Prime minister imposed a moratorium on funding for projects involving abortion in the developing world. Still in 2010, the member for Winnipeg South introduced Bill C-510, which would have made it an offence to coerce a woman to have an abortion.

In 2011, the Prime Minister reiterated this promise with the assurance that his party would not reopen the abortion debate. We know what happened: a member moved a motion with the ultimate goal of restricting access to abortion. One cannot help but wonder about the Conservative Party's ability to be consistent. The Prime Minister seems to have difficulty keeping the more extremist elements of his party in line with his position to not reopen the debate. In any case, the Conservative Party cannot be trusted when it comes to protecting women's rights.

How many times will the Conservatives try to reopen this debate? The Conservative ideology believes that the government should be as small as possible and that it should not interfere in the private lives of people, as demonstrated by its position on the firearms registry.

Strangely enough, this does not seem to apply when it comes to defending the rights and equality of women. If such a motion is accepted by the House, it could lead to the criminalization of abortion, which is completely unacceptable. Criminalizing abortions will not stop women from having them, even if that means having them in conditions that could jeopardize their health and life, not to mention the criminal prosecution that could follow.

Let us look at the example of the United States, where abortion is now severely limited. Women have to travel hundreds of kilometres to have access to this procedure. They have to use their rent and food money to pay for it and they have to go to judges to get permission. When they go to the clinic, they have to listen to anti-abortion propaganda and push their way past violent and aggressive anti-choice activists. They sometimes even have to wait for hours in their cars in the clinic parking lot because of a bomb threat, which is a frequent occurrence. All this to say that most women will do whatever it takes to have access to this procedure, regardless of the difficulty or risk involved.

Is this really the type of society that we want? Do we want to take such a big step backward? Women have fought for decades to assert their individual rights and to protect their safety and security.

We must never impose our beliefs and opinions on others. Members of the Conservative Party may never have to resort to abortion, and I fully respect their positions and their beliefs, but they should never judge women who do resort to abortion, nor should they attempt to take that right away.

Members of the New Democratic Party strongly oppose this motion, which is a direct attack on women's right to choose. The Conservative government, which now has a majority, is speaking out of both sides of its mouth on this issue. We want the Prime Minister to keep the promise he made to Canadians during the most recent election campaigns and to put a stop to these regressive debates. Abortion must remain a matter between a consenting woman and her doctor.

In closing, I am confident that the NDP members will unanimously oppose this motion.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, the motion being debated in the House today is nothing less than an attempt to reopen the abortion debate in Canada. This is quite literally a slap in the face to women who have fought long and hard for the right to control their own bodies and their ability to determine for themselves when they wish to have children. Motion No. 312 states:

That a special committee of the House be appointed and directed to review the declaration in Subsection 223(1) of the Criminal Code which states that a child becomes a human being only at the moment of complete birth....

The member for Kitchener Centre's desire to open up this debate has an end goal of changing the legislation to enable the fetus to be declared a human being. We are all very aware that such a change in the definition will place Canada directly on the regressive path to banning abortions.

The member for Kitchener Centre held a press conference earlier this week. In that press conference he quite clearly stated that the current definition of a person is an exclusion of a class of people. These types of statements distort the truth. In reality, over 90% of abortions in Canada are done in the first trimester. Only 2% to 3% are done after 16 weeks and no doctor in this country performs abortions past 20 or 21 weeks, except for compelling health or genetic reasons.

The comments by the member are a blatant attempt to misrepresent the facts. A fertilized egg is not a class of people, and I am offended that the member would shamelessly misrepresent the women's rights movement as an example of why we should open the door to changing abortion rights in Canada.

I would like to highlight several legal precedents that have already dealt with the question that Motion No. 312 raises, in particular Tremblay v. Daigle, Dobson v. Dobson, Winnipeg Child and Family Services v. G., Borowski v. Canada, and R. v. Morgentaler.

These rulings have concluded or noted that the fetus has never been a person nor been included in the meaning of “everyone” in the Charter of Rights and Freedoms; that a fetus must be born alive to enjoy rights, the born alive rule; and that the law has always treated a pregnant woman and her fetus as one person under the law.

We need not look far to see the danger of Motion No. 312. In the United States fetuses have legal personhood rights in at least 38 states, most through so-called fetal homicide laws, which are supposedly aimed at third parties who assault pregnant women.

In reality, these laws are used to justify prosecuting pregnant women under child welfare laws, and they function much like the 2008 bill of the member for Edmonton—Sherwood Park, Bill C-484, which proposed changes to the Criminal Code that would, if passed, also threaten a woman's right to choose. The intent of that bill was to amend the Criminal Code to have two charges laid against anyone killing a pregnant woman, and it would in effect have given legal rights to a fetus, thereby changing the definition of when a fetus becomes a person under the law. While the stated purpose of the bill was the protection for a woman and her fetus, in practice, like Motion No. 312, these laws are primarily used to justify the prosecution of women.

Motions and bills such as these create obvious dangers for those who counsel or perform abortions. They also turn pregnant women into lesser citizens whose rights are subordinated to those of a fertilized egg.

What is absolutely clear is that Motion No. 312 is taking aim at a woman's right to choose and is a direct attack on jurisprudence. Canada was once a world leader in the promotion and protection of women's rights and gender equality. It was committed to the view that gender equality is not only a human rights issue but also an essential component of sustainable development, social justice, peace and security.

These goals can only be achieved if women are able to participate as equal partners, decision-makers and beneficiaries of the sustainable development of their societies. How can Canada be considered a world leader in women's rights when we have members of Parliament suggesting that we revert to the barbaric days of gender inequality through the restriction of abortion?

When abortions are illegal, women do not stop having them. They only take more risks to access the service and these risks can have deadly consequences. For instance, before abortions were legalized in South Africa in 1997, there were an average of 425 deaths stemming from unsafe abortions every year. Today, the numbers are below 20.

In Latin America, most abortions are considered illegal, yet roughly 3.8 million procedures are performed each year and are directly linked to over 4,000 avoidable deaths.

The same happened here. Before abortion laws in Canada were struck down, there were over 35,000 illegal abortions taking place every year. Between 1926 and 1947, there were an estimated 4,000 to 6,000 deaths as a result of desperate women submitting themselves to clandestine procedures.

Despite assurances from the Prime Minister—known for his tight control over his caucus members—that the government does not plan to reopen the abortion debate, there is a troubling trend in the government's backdoor actions and its support for backbenchers who are continually trying to revive this issue.

In the last Parliament, the member for Winnipeg South tabled Bill C-510, An Act to Prevent Coercion of Pregnant Women to Abort (Roxanne's Law). In 2008, as I mentioned earlier, we saw Bill C-484, a bill that nearly the entire Conservative caucus supported, including the Prime Minister.

In 2010, as part of the maternal health initiative at the G8 summit in Muskoka, the government imposed a moratorium on the funding of safe abortions in 10 developing countries, emphasizing the protection of life yet ignoring the consequences of systemic rape in some of those countries. The statistics from those developing countries are heartbreaking. Approximately 70,000 women die each year due to unsafe abortions and 5 million are hospitalized because of complications resulting from unsafe abortions.

Women's groups in Canada fighting for comprehensive maternal health funding were told by a Conservative senator to shut up about abortion or else there might be a backlash. The senator contended that Canada was still a country with free and accessible abortion and to leave it at that.

This thinly veiled threat points to a greater fallacy, that abortion services are in fact available across Canada. Some provinces have very few hospitals providing services. Prince Edward Island has none. Canadian women living in rural areas and those in jurisdictions without an abortion provider travel long distances, encountering significant costs and additional stress. These constraints have the most impact on young women, those who have little job security, or women with significant family obligations.

Turning back the clock and reopening the debate on when human life begins is a dangerous path to take. The Canadian government should be working to strengthen women's rights instead of heading down a path that exposes women to the dangers of illicit, unsafe procedures.

Women in Canada have the right to choose. That has been established by the Supreme Court of Canada, and we demand that the government ensure this right's continuation and that all equality rights are protected. We need a government that will champion programs and policies that ensure that women's contributions to society, the economy, and leadership in this country are respected and encouraged. Access to safe, legal abortions are integral to these rights.

I want to make it very clear that I do not support this motion. New Democrats do not support this motion. We will actively fight against any motion or bill that will threaten a woman's right to choose. It is both frightening and insulting that the men who have introduced these bills and motions have so little respect for a woman's ability to determine what is best for her, her body and her family. The right rests solely with women who choose. No one has the right to interfere. The Supreme Court has upheld that right and so should the members of this Parliament.

Opposition Motion—Conduct of Government

[Johanne Deschamps, Bloc, Laurentides—Labelle, QC]

Madam Speaker, I will be sharing my time with the hon. member for Berthier—Maskinongé. My remarks will be a bit more moderate, but my message will come across just the same.

I am pleased to take the floor today to demonstrate to the House the government's disregard for democracy and its determination to go to any lengths to advance its partisan interests and impose its regressive ideology. As soon as it was elected, in January 2006, the Conservative government radically changed Canada's official development assistance and foreign policies by concentrating on its own economic and trade vision.

It deliberately abandoned the African continent. Up until then, African countries were getting a sizeable portion of our official development assistance budget. In 2009, the Conservative government decided Africa would no longer be a priority, and eight African countries were dropped from the priority list, including Rwanda, Niger, Burkina Faso and Benin. The 2005 list included 14 African countries, but only 7 were left on the 2009 list.

The Conservative government preferred to prioritize countries with which it is signing or negotiating free trade agreements, such as Ukraine, Colombia, Peru and Honduras. Although these countries do experience poverty, CIDA's 2005 list of priority countries included more poor countries than the 2009 list. Under the Conservative government, Canada’s foreign policy has become merely a trade policy.

Over many decades, Quebeckers and Canadians earned a good reputation abroad thanks to their respect for human rights and international law and their fervent support for democracy, advocating diplomacy rather than the use of force. A majority of Canadians still support these values and principles, but since the Conservatives are in power, economic prosperity, militarism and the security agenda have replaced the values that once were so distinctively Canadian on the world scene.

This is another example of how this government has imposed its regressive ideology on Canada's official development assistance. During the G8 and G20 summits in June 2010, the government said that one of its priorities was maternal health, a millennium development goal. That is a very commendable and admirable priority. However, CIDA, the Canadian International Development Agency, refuses to fund abortion, even though many experts say it should be included in order to cover all women's health needs.

The women of Quebec and Canada have won this freedom of choice, and the debate is closed. In Canada, women have the right to choose to end a pregnancy and they have access to all the care and services required for that choice. So why did the government remove all funding for abortion in its assistance plan for women in developing countries, if not to appease groups that advocate this conservative ideology?

Since coming to power, Conservative members have been introducing bills meant to surreptitiously reopen the abortion debate. One such example is Bill C-484 introduced by the member for Edmonton—Sherwood Park. That bill would have given a legal status to a fetus, which has no such status under current laws.

Another perfect example is Bill C-510 introduced by the member for Winnipeg South. That bill patronizes women by implying they are frequently coerced into abortion, but the vast majority of women make their own decision to have an abortion and take full responsibility for it. It is clear that, once again, the Conservative government was trying to limit a woman's right to choose regarding abortion, by making women feel isolated when making such a decision.

This government will stop at nothing to promote its partisan interests and impose its regressive ideology, as it demonstrated with non-governmental organizations, civil society representatives and human rights groups.

The government is refusing or cutting funding for organizations that dare to criticize it, question its motives or voice a different opinion. The Canadian Council for International Co-operation, or the CCIC, and KAIROS, two organizations that are internationally recognized and known for their excellent work, had their funding requests denied by CIDA.

All of the controversy surrounding the refusal of funding for KAIROS clearly shows that the Conservative government is prepared to go so far as to allow a minister to falsify documents and make misleading statements to the House in order to ensure that there is no deviation from its ideology and that it can freely promote its partisan interests.

Shocked and disturbed by this behaviour, the members of the opposition raised a question of privilege. Yesterday, the Speaker of the House ruled that the Minister of International Cooperation did indeed abuse the privileges enjoyed by members of the House of Commons and that she could be found in contempt of Parliament if the opposition decides to take the matter that far. What is outrageous is that the government's ideology is harmful to democracy. We condemn the autocratic approach of the government, which has demonstrated on numerous occasions its total lack of respect for democracy and the parliamentary system.

The government has gone even further by imposing its regressive ideology on projects that it funds abroad. The government fears the unions in Canada, so it tries to stifle them abroad. Canada could help to improve the situation of workers in Mexico and other southern countries, but the Government of Canada is refusing or cutting funding for cooperative programs with labour organizations. CIDA ended funding for the CSN and the Centre international de solidarité ouvrière for their projects designed to support workers in the south.

Not only has the government interfered politically in official development assistance and let pro-life groups dictate its policies, but it is also slowly destroying Canada’s image abroad. It goes even further. It is even changing the terminology public servants should use. International organizations and NGOs have all agreed on a common terminology, but it seems it does not suit the Conservative government anymore. In order to avoid the key words often used by women’s organizations and other groups dedicated to the protection of rights, the Conservatives are imposing a whole new terminology on diplomats.

Under the Conservatives, “gender equality” does not exist anymore. It has been replaced by “equality between men and women”. We should not talk about “child soldiers”, but”. The terminology is being changed. When talking about rape in the Democratic Republic of the Congo, the word “impunity” has been replaced by “prevention”. These are serious changes that show how much this government is under the influence of its strong right wing.

The crisis in the Rights and Democracy organization revealed the true face of the Conservatives. By appointing people who subscribe to the Conservative ideology to the board, the government could keep this organization under its control. But this organization should be instead at arm’s length from the Canadian government if it is to perform its work adequately and keep its credibility.

There is a long list of actions taken by the Conservative government to change Canada’s foreign policy to please its partisan base. The government does not realize how badly it is tarnishing Canada’s image abroad. When it failed, last fall, to win a seat on the UN Security Council, it should have understood that its radical positions are hurting its diplomatic relations.

In conclusion, the fundamental concern we all have is how far the Conservative government is willing to go to promote its regressive ideology.

Status of Women

[Nicole Demers, Bloc, Laval, QC]

Mr. Speaker, the Prime Minister was recently boasting about his government's accomplishments over the past five years. The real picture, however, is far less impressive, particularly concerning the status of women. Let me refresh everyone's memories.

Since 2005, the Conservatives have slashed Status of Women Canada's budget by 40%, thereby forcing the closure of 12 of its 14 offices. They abolished the court challenges program. They eliminated funding allocated for feminist research and women's rights organizations.

Conservative members have introduced bills attacking women's rights and the gains we have made. Consider for example Bill C-391 to abolish the long gun registry or Bill C-510 on abortion. Even more recently, the Minister of Human Resources and Skills Development suggested that women who have other people care for their children are inferior mothers.

This government has done nothing for women. If anything, it has compromised the gains women have made over the years. That is a more accurate portrait of the Conservatives.

Prevention of Coerced Abortion

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, it is an honour for me to rise in the House today to present a petition.

Canadians who have signed this petition have asked me to formally express their support for Bill C-510, otherwise known as Roxanne's law. The bill was tabled by my good friend and colleague from Winnipeg South.

Business of the House

[Yasmin Ratansi, Liberal, Don Valley East, ON]

Mr. Speaker, If you seek it, I believe you would find consent for the following motion. I move:

That, notwithstanding any Standing Order or usual practice of the House, the deferred recorded division on the motion for second reading of Bill C-510, An Act to amend the Criminal Code (coercion), currently scheduled to be held immediately before the time provided for private members' business on December 15, be held instead at the conclusion of oral questions on December 15; that any further recorded divisions deferred to Wednesday, December 15, pursuant to Standing Order 66(2), 93(1), 97.1 or 98(4), be held instead at the conclusion of oral questions on the said Wednesday; and that the time used for the taking of the deferred recorded divisions be added to the time provided for government orders that day.

Prevention of Coerced Abortion

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I am really proud today to introduce this petition that was collected in Winnipeg at Church of the Rock. In a matter of two hours, over 1,167 signatures were collected in support of Roxanne's law, Bill C-510.

I want to thank all the pastors who were engaged in asking for these petitions to be brought in: Pastor Mark, Pastor Tim, Pastor Keith and Pastor Aubrey. I want to pass along my congratulations to them for finding a way to get 1,167 signatures in a matter of hours. It was very amazing.

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Speaker, it is my pleasure to rise today to present two petitions from the people of Saskatchewan to all members of Parliament.

The first petition calls upon all members of Parliament to support Bill C-510, Roxanne's law, to help empower women to press charges if they are coerced into an unwanted abortion.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Mr. Speaker, I have a petition in hand. These petitioners indicate their support for Roxanne's law, Bill C-510, which would empower women to press charges if they are coerced into an unwanted abortion.

The petitioners also reference Roxanne Fernando, a Winnipeg woman whose boyfriend attempted to coerce her to abort their unborn child and subsequently murdered her for not doing so.

The petitioners would also like Parliament to support Bill C-510, which would help protect vulnerable women from being aggressively coerced against their will to have abortions.

[Garry Breitkreuz, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I am pleased to table a petition today signed by hundreds of men and women from right across Canada. They would like to draw the attention of Parliament to Roxanne's law, Bill C-510, which empowers women to press charges if they are coerced into an unwanted abortion.

Whereas Roxanne Fernando was a Winnipeg woman whose boyfriend attempted to coerce her to abort their unborn child and subsequently murdered her for refusing to do so, they ask that members of Parliament and the House of Commons support Bill C-510, which will help protect vulnerable women from being aggressively coerced against their will to have abortions.

[Pierre Lemieux, Conservative, Glengarry—Prescott—Russell, ON]

Mr. Speaker, it is my honour to rise in the House to present a petition from Canadians asking members in the House to support Roxanne's law, also known as Bill C-510, which would allow women to press charges if they were coerced into an unwanted abortion.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, I have the honour to present a petition signed by hundreds of Canadians. The petitioners are calling on the House of Commons and Parliament assembled to support Bill C-510, which would help protect vulnerable women from being aggressively coerced against their will to have abortions.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I rise to present a petition that calls on Parliament to pass Bill C-510, Roxanne's Law, a law that will help stop coercion against pregnant women, coercion to make those pregnant women end their pregnancy.

This is an important law that I am hopeful will get passed. This petition is calling for that.

[Rod Bruinooge, Conservative, Winnipeg South, MB]

Mr. Speaker, I would like to submit this petition from more than a thousand Canadians in support of Bill C-510, Roxanne's law.