Mr. Speaker, as a father, I love my children and I know their mother perhaps loves them even more than I do, if that is possible. Some mothers fall in love with their children even before birth in a way that few of us can understand. These mothers should never have to make a choice between protecting themselves or the child they love.
Forced abortion should be made illegal in Canada. Roxanne's law would accomplish this. The main argument used against Roxanne's law is that the bill is totally redundant because, so opponents claim, abortion coercion is already covered in the Criminal Code under existing provisions for assaults, uttering threats or intimidation. If I wanted to oppose a bill whose sole purpose was to protect women from abortion coercion, I too would want to find some excuse that made it sound like I was in favour of forced abortion. Saying it is already illegal gives me that cover. It allows me to oppose the bill for what sounds to be a legitimate reason while still professing how terrible it is to coerce a woman into having an abortion. After all, who wants to be known as someone who supports what the Immigration and Refugee Board of Canada called a crime against humanity? The problem is that the argument that it is already illegal falls apart upon analysis.
Although some of the conduct described in Bill C-510 could fall under existing provisions in the Criminal Code, depending on the circumstances, not all behaviour that could fall under the definition of coercion in Bill C-510 would be captured under existing provisions. It is important to note that the list of examples of coercion in Bill C-510 is not exhaustive. This allows the court some discretion in deciding what constitutes abortion coercion given how it is defined in the bill. Above all though, the fact that no one has ever been charged with coercing an abortion in Canada is absolute proof that clarification of the law is desperately needed, a law Roxanne Fernando could have used to protect herself.
Even in cases where a more general provision would suffice, there is tremendous value in having a new Criminal Code provision specific to abortion coercion. Criminal law scholars say we use the criminal law as a way of indicating a serious condemnation of an activity or action not only to punish people but also to state our most important social values and to send a clear message expressing society's rejection and intolerance of a specific act. When we single out coerced abortion as a separate offence, it is a signal that such behaviour should be denounced as a serious offence. It reflects a social value about the unacceptability of forcing a pregnant woman into ending a pregnancy she wants to continue.
Creating specific provisions when a more general provision already exists in the Criminal Code is not a new idea. There are three such bills currently before Parliament which have passed at least one parliamentary vote. Bill S-9 makes it an offence to steal a motor vehicle even though theft is already an offence. It received royal assent last month. Bill S-215 and Bill C-464 also bring important clarifications to laws that perhaps already capture the crimes contemplated. These are excellent ideas and important clarifications, just as Roxanne's law is.
Thus, it is clear that as legislators we often create offences and provisions even when a more general provision would suffice. We do this in order to send a strong message of denunciation to affirm society's deeply held values and to educate the public. Should one choose to vote against Bill C-510, it will be seen as a choice to turn a blind eye to a horrible injustice.
Roxanne Fernando's story has now been heard across the country and if not now, someday soon she will be considered a Canadian hero. In this Christmas season, I ask members to consider bringing additional protection to mothers with child who are facing dangerous circumstances.
