Bill C-311

Violence Against Pregnant Women Act

An Act to amend the Criminal Code (violence against pregnant women)

This enactment amends the Criminal Code to specify that knowingly assaulting a pregnant woman and that causing physical or emotional harm to a pregnant woman are to be considered aggravating circumstances for sentencing purposes.

Violence Against Pregnant Women Act

[Michelle Ferreri, Conservative, Peterborough—Kawartha, ON]

Mr. Speaker, it is always an honour and a great privilege to stand in the House of Commons on behalf of my community of Peterborough—Kawartha.

I would like to thank my colleague from Yorkton—Melville for putting forth Bill C-311, which I will be speaking to this evening.

Bill C-311, an act to amend the Criminal Code with respect to violence against pregnant women, is a simple and straightforward piece of legislation. If passed, it will create accountability for those who commit violence against pregnant women.

Here is the bill summary, which comes right out of the legislation itself:

This enactment amends the Criminal Code to specify that knowingly assaulting a pregnant woman and that causing physical or emotional harm to a pregnant woman are to be considered aggravating circumstances for sentencing purposes.

That is the entire bill summary. The bill is less than one page long.

Let me quote it:

Whereas Parliament wishes to denounce and deter violence against pregnant women by explicitly including pregnancy as an aggravating circumstance for the purpose of sentencing....

It does exactly one thing. It adds longer prison sentences where there is:

evidence that the offender, in committing the offence, abused a person whom the offender knew to be pregnant...evidence that the offence caused physical or emotional harm to [the] pregnant victim

Violence against women has been recognized as a global public health problem since 2010. Violence during pregnancy is of special concern due to the adverse effects on not only the mother but also the developing child. Violence during pregnancy has been associated with negative lifestyle behaviours, compromised prenatal care and poor maternal physical and mental health.

When a perpetrator has been identified and found guilty, the sentence must be required to match the crime. This is something all of us in the House of Commons can agree on. What we know and what my colleague has brought to light is that the Criminal Code sentencing provisions are insufficient. It is well established that the risk of violence against women increases when they are pregnant, yet consequences for their attackers do not.

According to Statistics Canada, intimate partner violence has steadily increased each year for the past seven years, and eight in 10 victims of crime are women. The Canadian Perinatal Surveillance System reported that women abused during pregnancy were four times as likely as other abused women to report having experienced very serious violence, and this is a little graphic for people watching at home, including being beaten, choked, threatened with a gun or knife, or sexually assaulted.

Furthermore, there are more than 80 cases in recent Canadian history of women who have been killed while pregnant. Each of these women was killed by a man who knew they were pregnant, yet sentencing judges are not mandated to take these actions into account under the current law.

Each and every one of us in the House, regardless of party lines, carries the responsibility to do everything we can to make public safety a priority, to ensure that everyone is safe, including our most vulnerable. In existing criminal law, if a pregnant woman is assaulted, depending on her injuries, the offender could face a maximum penalty of 14 years if they were charged with aggravated assault. With this new legislation, that person could be liable to a harsher sentence.

This is a bill designed to increase public safety. This is a bill designed to show Canadians that we care about public safety. Who can argue with that?

When one hears the facts, it seems like a no-brainer bill that would get the support of all members, but sadly that is not the case. So often, it takes a tragedy to change laws. As we have heard, there have been almost 100 tragedies of pregnant women being murdered, and the law still has not changed. Today, we have a chance to do that.

I spoke with Jeff Durham, who I know is watching right now. Jeff was the husband of Cassie and the father of Molly. Cassie and Molly were brutally murdered by someone known to them. Jeff has tried for years to get this law passed, and he expressed his deep frustration with me on the phone, in a very private conversation that he allowed me to share with the House, that he cannot believe how politics continue to hijack this bill.

This country is failing victims, survivors and their families. This country is soft on crime, and public safety is eroding rapidly. Canada's worst criminal in history has been moved to a medium-security prison. What message are we sending to Canadians?

There is no longer an incentive to be a good human, because there are no consequences. It is time we stood with survivors, victims and their families. It is time we showed our support with action.

This bill is concrete action. It puts in place a sentence that matches the horror of killing or assaulting a pregnant woman. We are Canadians. We should be protecting our most vulnerable, and that includes pregnant women. I ask every member in this house to stand up for victims, survivors and their families.

I ask every member in this House, every mother, to think about Jeff Durham when they cast their vote for this bill. I ask them to think about their sisters, their aunts, their daughters or their own mothers, and how they would feel if someone attacked them, or worse, if someone attacked them while they were pregnant. The time should match the crime, and attacking or murdering a pregnant women is among the most heinous of crimes. The mother is the most sacred of people in our society.

Let us do something to fix it. Let us send a message that it will not be tolerated. Let us remove the politics from this bill. Let us stand with public safety. Let us implement a law that says we will not tolerate this, and let us vote in favour of Bill C-311.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Mr. Speaker, it is 2023 and we are in the House again debating something that should not be up for debate: Bill C-311.

While the member for Yorkton—Melville claims that this bill is about protecting women from violence, no organizations that actually work to support and protect women from violence are endorsing this bill. Why is that? It is because the people who care about violence being perpetrated against women understand what is needed to protect and support women. Those are the things that my fellow New Democrats and I have been fighting for in this House for years and the very things that the member and the Conservative Party have refused to support.

They are things like implementing the calls for justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls. They are things like legislation that would limit assault-style weapons. They are things like a whole range of economic measures that would support women, including dental care, child care and pay equity. They are things like adequately and comprehensively supporting the full range of reproductive rights and health care in all regions of Canada, particularly in northern and remote regions.

They are things like listening to experts like Julia Anderson, the CEO of CanWaCH, who told the foreign affairs committee just weeks ago, “a 12% average decline in access to modern contraception would result in an additional 734,000 unintended pregnancies.” She also indicated, “A 23% shift from safe to unsafe abortions will lead to an additional 491,000 unsafe abortions.” Acting to provide more access to birth control, abortion and maternal health care would save lives.

They are things like ensuring that Canada adheres to the feminist international assistance program and lives up to the commitments it has made to support sexual and reproductive health rights for women and girls throughout the world by funding health care services like abortion. In fact, this bill, Bill C-311, would do nothing to protect women or to support them. It is nothing more than an attempt to undermine women's rights in Canada, including the right to a safe and accessible abortion. It would take away health care services from women, because abortion is health care. Taking away access to safe abortions does not stop abortions from happening. It stops safe abortions from happening and it costs women their lives.

The right to control our reproductive health is fundamental to our rights as women. This is not the first time the member for Yorkton—Melville has attempted to undermine the right to an abortion and other women's rights. However, I think this may be the first time that we have seen this kind of violence washing: using violence against women as an excuse and a disguise for chipping away at women's rights.

This bill pretends that judges do not already have the discretion to apply greater penalties for aggravating circumstances. This is completely false, and there is no valid justification for this legislation. Our legal system is already more than capable of ensuring that women are protected. Judges already have the ability to add additional punishment.

In fact, there is only one reason for this bill to exist. It is designed to create a legal recognition for the fetus. I will quote the member for Yorkton—Melville's own words: “Canada has no abortion law. The legal void is so extreme that we do not even recognize preborn children when they are victims of violent crimes.”

It is my sincere hope that when members table bills for consideration, they do so truthfully and honestly and they legitimately believe in what they say about their bills. This bill is a blatant attempt to mislead this House and Canadians. There is no need for this bill. There is no rationale for this bill. In fact, this bill is dangerous to women. It is dangerous to women in Canada and it is dangerous to women around the world. It is actually harmful, because we know that at least 40,000 women are dying annually around the world because of unsafe abortions. I want to say it one more time: When we criminalize abortion, we do not stop abortion and we do not stop women accessing abortion; we stop safe abortion and women die.

Limiting access to abortions and reproductive health care does not stop abortions. I cannot say that more clearly. Whenever a woman is denied the power to make her own decisions about whether and how often to become pregnant, her internationally recognized human rights are violated, and her health and life are at risk. The best way to protect women and girls is to provide health care, provide support and not limit women's access to those things.

I have said this in the House before: I have a daughter. I will fight to my dying breath to ensure that she can access every health care support that she wants in her lifetime and that she will always have the right to choose when she has children, if she has children and how she has children. I would be a horrible person if I could stand in this place and want that for my daughter, and not want that for every woman and girl in this world.

I will continue to stand and protect women's rights, and no matter how many times the member brings backdoor bills forward and tries to take away the rights of women, New Democrats will not support it.

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, today I rise to speak to Bill C-311, which was introduced by the Conservative member for Yorkton—Melville.

I am proud to stand with my NDP and Bloc colleagues and with Canadian women across our great country in opposition to this Conservative bill, Bill C-311. This is a thinly veiled attempt to reopen Canada's abortion debate. I want to be clear that the government firmly condemns all forms of violence against women, including against pregnant women, and strongly supports a woman's right to choose.

Throughout debate on the bill before us, we have heard Conservatives allege that this is not about abortion. I find this perplexing, because the sponsor herself has connected the dots. Therefore, members should not just take my word for it. We can review what the sponsor has said about her bill.

The member for Yorkton—Melville rose in the House to advocate for Bill C-311; in the same breath, she said, “Canada has no abortion law.” She called this a “legal void” and argued that “preborn children” should be considered victims. The sponsor also linked a so-called pro-life petition on her website in conjunction with the bill. We are listening to the Conservative members across the aisle, and we hear them loud and clear. This is about abortion. I will also remind colleagues that anti-abortion organizations have praised Bill C-311, claiming that this legislation “affirms the humanity of the unborn.”

We have seen what happened to abortion rights just south of our border. On this side of the House, we stand in solidarity with American women who have seen elements of their reproductive health care stripped away from them, as well as with those who are fighting to restore abortion rights. We will always protect Canadian women's reproductive freedom. We will not let them down.

I am speaking in this House tonight from a unique perspective, as a member of both the health committee and the status of women committee. This dual role allows me to witness first-hand the intersection of health care and women's rights. It underscores that access to safe and legal abortion services is a fundamental component of comprehensive health care. This is why the language and content of Bill C-311 raises concerns about potential implications. It is also very similar to previous private members' bills brought forth by the same member that unsuccessfully tried to introduce the concept of a “preborn child” into the Criminal Code.

The history of abortion rights and the ongoing battles to protect and maintain those rights demonstrate the need for vigilance. What we see today is one Conservative's step to chip away at the established legal protections. I am disappointed that I have not seen any Conservative caucus members speak out against the bill, but their silence speaks volumes.

This is about more than a change to the Criminal Code; this is about fundamental Canadian values. Let me reassure any Canadians who are listening that our government will never shy away from standing up for our beliefs. We believe in access to abortion. However, the bill before us would actually weaken existing protections for pregnant women under the law.

Our government takes gender-based violence very seriously; we cannot support legislation that threatens existing legal protections. It is also important to note that judges already have the ability to grant aggravating circumstances if a victim is pregnant. This means that pregnancy is a factor to be considered at sentencing by judges in cases of assault. The bill, as drafted, fails to achieve its stated purpose.

Women’s rights organizations have not shown any support for the bill, but it has received substantial support from anti-choice groups and individuals. I will highlight a few organizations that have spoken out against Bill C-311. The Abortion Rights Coalition of Canada has condemned this legislation. Abortion is Healthcare, a group from the sponsor’s home province of Saskatchewan, called out Bill C-311 for “slowly moving the fetus toward personhood.” I thank these organizations for their work in protecting reproductive rights.

In contrast to Bill C-311, the Government of Canada reaffirms its commitment to safeguarding access to abortion and essential health care. As a Conservative bill, Bill C-311 is not an isolated effort. It is the latest attempt to undermine and challenge the hard-fought reproductive rights that women in our country have secured.

Last week, I rose in the House to call on members to build a more gender-sensitive Parliament. Canadians are watching, and they want to see us having healthy debates. Many women had comments on the overall work we do here. Sandra commented that she would “like to see a solution focused culture rather than the abusive environment that is evident today.” On this side of the House, we want to advance women’s rights, and on the other side, they want to bring us back to square one.

On this side, we are the party of the Charter of Rights and Freedoms. It is our firm belief the charter protects the right to abortion. This charter right is not up for debate in our country, nor are any other charter rights.

Let us talk now about something else that is missing from this bill. That is the work that needs to be done to fight gender-based violence and keep women, girls and gender-diverse people safe.

In budget 2023, the Government of Canada once again affirmed its dedication to protecting and preserving access to abortion, allocating $36 million over the course of three years for the renewal of the sexual and reproductive health fund. This financial support will guarantee that marginalized and vulnerable communities can access essential sexual and reproductive health care information and services.

The 10-year national action plan aimed at ending gender-based violence is a crucial collaboration between our government and the provinces and territories. It includes a substantial half a billion dollars over five years to assist provinces and territories in its implementation.

We are moving full speed ahead to advance gender equality. Today, we must stand together in opposition to this bill. While strengthening sentencing for crimes against pregnant women may appear to be the intent here on paper, it can have far-reaching consequences for abortion rights. We must defend the reproductive rights of women and protect the principle that every woman has the right to make decisions, free from interference and judgment, about her own body.

We must not forget the struggles and sacrifices made by our mothers, our sisters and countless brave individuals who fought tirelessly until abortion was decriminalized in 1988. Even as we make progress, there are those who seek to turn back the clock and to chip away at the progress we have achieved.

I want to be very clear. Women's rights are non-negotiable, and abortion is health care. On this side of the House, we will not allow the hard-won victories of the past to be discarded. Canadian women deserve better than this. I will be voting against this bill, and I urge my colleagues to do the same.

[Sonia Sidhu, Liberal, Brampton South, ON]

Mr. Speaker, today I rise to speak to Bill C-311, which was introduced by the Conservative member for Yorkton—Melville.

I am proud to stand with my NDP and Bloc colleagues and with Canadian women across our great country—

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, in the first hour of debate on Bill C-311, the violence against pregnant women act, there was a lot of push-back by the Liberals and the NDP on issues not in the bill. The lack of care and rigour in this debate should be distressing to Canadians who are paying attention at home.

It is abundantly clear that this legislation is about one thing, which is protecting vulnerable women through a Criminal Code amendment. It is very important that this debate centres on what is before us. We are looking to consistency in sentencing across the country as an objective so that pregnancy, as an aggravating factor, is no longer discretionary but mandatory to consider.

I will read the bill in its entirety into the record so there is clarity for all those following the debate.

Bill C-311, an act to amend the Criminal Code (violence against pregnant women), states, beginning with the preamble:

Whereas Parliament wishes to denounce and deter violence against pregnant women by explicitly including pregnancy as an aggravating circumstance for the purpose of sentencing;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

The short title states, “This Act may be cited as the Violence Against Pregnant Women Act.”

Under “Criminal Code” it states:

Paragraph 718.‍2(a) of the Criminal Code is amended by adding the following after subparagraph (ii.‍1):

(ii.‍2) evidence that the offender, in committing the offence, abused a person whom the offender knew to be pregnant,

(ii.‍3) evidence that the offence caused physical or emotional harm to a pregnant victim,

That is it. There is a preamble, a short title, and brief amendments to beef up sentencing if a violent crime is committed against a pregnant woman. This is common-sense legislation that protects women who choose to carry their baby to term.

Nowhere in this legislation is there any reference to the unborn or reproductive issues. Making this debate about something other than protecting women is unfair and uncaring. This is where the their fake feminism is exposed.

Just last week, it was reported that Paul Bernardo was transferred to a medium security prison. Conservatives brought forward a unanimous consent motion calling for an immediate return of this brutal serial rapist and killer to a maximum security prison. We were shouted down by the Liberal member for Kingston and the Islands, and that made the intentions of the Liberals clear. They have decided to defend one of the most disgusting men in Canadian history, rather than his female victims and their families. This is misogyny.

When the Liberals vote against Bill C-311, they will be voting against women and against choice. They will once again be protecting violent men, not vulnerable women. Conservatives are on the side of women and victims.

The House resumed from May 9 consideration of the motion that Bill C-311, an act to amend the Criminal Code (violence against pregnant women), be read the second time and referred to a committee.

Criminal Code

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I want to say what a privilege it is to stand in this House and bring forward petitions from Canadians. We are not required to do this, but I think it is really important that we stand and represent people from across our nation.

The individuals I am representing today are very upset that they have been demeaned in this House for the positions they take. They support something that is so crucial: violence against pregnant women.

The petitioners indicate it is well established that the risk of violence against women increases when they are pregnant. Currently, the injury or death of preborn children as victims of crime is not considered an aggravating circumstance for sentencing purposes within the Criminal Code of Canada. These individuals, who say something contrary to other individuals but come together on this issue, state that Canada has no abortion law. The legal void is so extreme that we do not even recognize preborn children when they are victims of violent crimes.

Justice requires that an attacker who abuses a pregnant woman and her preborn child be sentenced such that the sentence matches the crime. The petitioners call upon this House to legislate the abuse of pregnant women and/or the infliction of harm on a preborn child as aggravating circumstances for sentencing purposes.

I have another petition to present, representing a number of Canadians on this issue. They say it is well established that the risk of violence against women increases when they are pregnant. Currently, a woman's pregnancy is not an aggravating factor for sentencing purposes in the Criminal Code of Canada.

Addressing this legal void through sentencing that considers the vulnerable state of a pregnant woman is necessary in denouncing such crimes. The majority of Canadians support access to abortion. Eighty-four per cent of Canadians support access to abortion.

Having appropriate sentences when violent crimes are committed against pregnant women is imperative to protecting a woman's reproductive choice to have a child. The unity across Canada on this issue is so exciting. The sentence should match the crime.

The petitioners call upon the House of Commons to legislate the abuse of a pregnant woman and/or the infliction of harm on her child as aggravating circumstances for sentencing purposes in the Criminal Code.

I thank both parties for their support of Bill C-311 and for their calls to bring forward proper legislation in regard to violence against pregnant women.

[The Chair, Conservative, Karen Vecchio]

Perhaps, Ms. Ien, we can stick to.... I understand the question on Bill C-311, but I do not believe it is in the scope of this committee. It will not be coming to this committee. It is a justice issue, so I would ask that we continue.

I know there was spending announced last week. Perhaps that's something we can talk about. I would question trying to define a bill under this committee and I would say that it seems out of scope with regard to funding. There is no funding. You will not find it in the main estimates.

I will carry on. Thank you.

[Jenna Sudds, Liberal, Kanata—Carleton, ON]

Thank you very much, Madam Chair.

Minister, last week in the House we were discussing Bill C-311, and a week ago today, we also witnessed the March for Life here on Parliament Hill.

You are on record multiple times as saying how important it is for women to have the right to choose and how important access to vital health care decisions is for women and how we can't go back in time. We know collectively that we need to speak up when we see these rights threatened. At the same time, there was, of course, talk about how Bill C-311 does not explicitly mention abortion.

Can I ask you to explain, from your perspective, how the two are linked, and can you share why this issue sparks so much resolve in you?

Women's Rights

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Mr. Speaker, I join my voice to that of my many colleagues who are concerned about the Conservatives' Bill C‑311, which is an attempt to reopen the abortion debate.

Our government will always protect access to abortion and affirm that it is an essential right for women's health.

In budget 2023, we committed to pay Health Canada $36 million to renew funding for sexual and reproductive health and to guarantee access to sexual and reproductive health care for vulnerable populations across the country.

Since 2015, we have invested more than half a billion dollars in international aid for reproductive health and we have expanded access to the morning-after pill.

In Canada, our mothers fought hard for their rights until abortion was decriminalized in 1988. That said, the fight for women's rights is far from over.

On this side of the House, it is crystal clear, we are proudly pro-choice and we always will be.

Women and Gender Equality

[Judy Sgro, Liberal, Humber River—Black Creek, ON]

Mr. Speaker, yesterday, the House debated Bill C-311, which was introduced by one of the most anti-choice members of this House in a transparent effort by the Conservative Party to reopen the abortion debate in Canada.

The Conservatives do not just want women in Canada to not have the right to choose; they also oppose our support of women's reproductive rights abroad. When it comes to reproductive rights in this country and around the world, what is the Prime Minister's position?

Sexual and Reproductive Health

[Emmanuella Lambropoulos, Liberal, Saint-Laurent, QC]

Mr. Speaker, as someone who strongly supports women's rights, including a woman's right to choose, I was thrilled that our government invested $4.1 million to support organizations that help women receive reproductive health services, and that budget 2023 has carved out $36 million over three years to renew the sexual and reproductive health fund to make abortions and other sexual and reproductive health care information and services available and accessible to more Canadians.

In contrast, the Conservatives are hell-bent on restricting access to safe and legal abortion, under every false legislative pretext they can imagine. The Conservatives have shown us, time and again, that they think reproductive rights are negotiable. The latest example of this is Bill C-311. This bill is a transparent attempt to reopen the abortion debate in Canada.

On this side of the House, we will always stand up for women's fundamental rights, even as the Conservatives try to turn back the clock.

Violence Against Pregnant Women Act

[Kerry-Lynne Findlay, Conservative, South Surrey—White Rock, BC]

Madam Speaker, I am honoured to stand today in support of Bill C-311, the violence against pregnant women act, because I thought that is what we would be debating tonight. However, what I have been listening to is far from that. The speakers have gone far afield in their discussion of a bill that is squarely before them.

I want to thank the member for Yorkton—Melville for bringing forward this important legislation. It is my honour to second it at this stage of debate. I will speak to this bill, not some other bill or bills, or a history of bills. We are talking about Bill C-311, which would amend the Criminal Code to specify that knowingly assaulting a pregnant woman and causing physical or emotional harm to a pregnant woman would be considered aggravating circumstances for sentencing purposes.

I support this bill because mothers who have faced and are facing violent assaults need to know that they are heard and that the pain and depression caused by harm to their babies are not left unseen by others. I have fought for women's rights all my career as a lawyer, especially during my career as a family lawyer, and now as a politician. This bill is about the rights of pregnant women, no more and no less.

I am the mother of four children who I have been fortunate to raise into adulthood, but I was pregnant five times. My last child, a boy named Mackenzie, or little Mack for short, never got the chance to know his family, work, speak, go to school, play with friends or grow up. His waiting family, which was me, his dad, his brother and three sisters, never got to meet him. We lost little Mack halfway through my pregnancy because of the negligence of an interning doctor who wrongly handled an amniocentesis procedure and suffocated him in utero.

At the time, his loss sent me into a deep situational depression for months. I was off work for the first time in my adult life, and I grieved his passing desperately. I still do many years later. Because of this tragic event in my own life, I know and understand how the deliberate act of a person who knows that someone is pregnant and does harm to them and their baby impacts a mother and her family.

It is well documented that pregnant women in Canada are easy targets for violent assaults, yet the consequences of these offences have not increased. Just this year, the Court of Appeal for Ontario overturned a seven-year sentence for an offender who stabbed the pregnant mother of his unborn child in the neck and left her for dead. The mother lived, but the baby did not. This violent attacker's sentence was upped to 15 years when an appeal judge pointed out that the initial sentence did not address the issue of domestic violence or that the victim was pregnant with his baby. A violent crime against a pregnant woman needs to be treated as the serious crime that it is. Right now, criminal sentences in Canada do not consider harm done to a pregnant woman when an assault is committed.

Nelson Mandela said, “Safety and security don't just happen. They are the result of collective consensus and public investment.” Violence against women, especially pregnant women, is not a private family issue. It is a public safety and security issue, and it needs the urgent attention of this House.

Among Canadian women who have reported being abused by an intimate partner during pregnancy, 40% said that the abuse began during pregnancy. In recent years, there have been more than 70 cases in which pregnant women have been murdered, and the effect of the death of the unborn child was not a factor at sentencing.

The story of Tashina General from Brantford is particularly disheartening. In 2008, a Brantford man strangled Tashina to death. She was his 21-year-old pregnant girlfriend. He then attempted to hide Tashina's body by burying her in a shallow grave. He committed this gruesome and horrific crime against Tashina, as the evidence came out, simply because he did not want to bear the responsibility of being a father, despite Tashina's choice to be a mother.

Only eight years later, this murderer was set free. Tashina's grandmother, Norma General, still wonders what her great-grandson would have looked like and what kind of personality he would have had. She never had the opportunity to hold her first great-grandchild because of the despicable actions of a misogynistic killer.

It is not only intimate partner violence to which pregnant women are vulnerable. Pregnant women are also the target of unprovoked attacks by strangers. Last year on Vancouver Island, a pregnant woman walking down the street with her four-year-old daughter had a brick thrown at her stomach in a random attack. The fact that the victim was pregnant was not seen as an aggravating factor. I will let that sink in.

In another case, a pregnant woman in Surrey was attacked at a bank. An unknown man approached her from behind and violently threw her to the ground. Women who are pregnant are vulnerable, and they should be treated as vulnerable when it comes to sentencing. Offenders will often cite an unplanned pregnancy or the stress caused by having to potentially financially support the baby as excuses for these crimes.

The uncaring government has turned its back on women who choose to have a child. Its members are blinded by differences with the member for Yorkton—Melville on other matters, and that is blinding them to this bill. A vote against this bill is a vote against choice and women, and it would be misogynistic. They say that they are for choice, but only if we agree with that choice, and that is no choice at all.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Madam Speaker, the member for Carleton has a history of supporting anti-choice legislation that impacts a woman's right to choose, including, now, his support of Bill C-311. He also has a history of backing up and holding up folks such as Jordan Peterson, who has spoken out aggressively against the trans community and its members' right to bodily autonomy. This is about bodily autonomy and the right to choose. It is very much a part of the debate.

The Abortion Rights Coalition of Canada opposes this bill, saying “The Abortion Rights Coalition of Canada opposes this bill and urges MPs to oppose the bill as well...The bill is redundant.” It goes on to say that the anti-choice movement is using it as a vehicle to advance fetal rights, saying, “Several anti-choice groups have been promoting this Bill C-311 as a means to recognize two victims. They are looking for a route to establish fetal personhood in law, and if this bill passes, they would leverage the bill for that purpose”.

This is very much an anti-choice bill. This is not coming from me, although there have been points of order raised. I know what I am saying might be troubling, but I want to let people know that the NDP opposes Bill C-311. We are committed to fighting for the reproductive rights of all Canadians. We oppose, and I am proud that we oppose, anything that restricts these rights, and we support expanding access to abortion services, removing barriers and protecting the right of women and gender-diverse people to make decisions about their own bodies.

That is what this debate is about tonight. From my perspective, and we have certainly heard from several experts in the field, this bill is the latest attempt in a long line of attempts by anti-choice Conservative MPs to undermine Canadians' reproductive rights. I know not all Conservative MPs are anti-choice, and I urge them to vote against the bill. It is unfortunate the Leader of the Conservative Party is supporting anti-choice legislation.

We are opposing the bill, as it does not provide pregnant women with additional protection, but it does provide anti-choice MPs and organizations a new tool to promote the legal restrictions on abortion.

Let us look at what is happening south of us. I am worried that we will have, just like what is happening in the States, 10-year-old girls who were victims of sexual assault being forced to carry babies to term. Do we want a country that forces that kind of abuse on children? New Democrats are going to resist, vocally, any sort of attempt to limit abortion rights. We could ensure that a pregnant woman and others who experience gender-based violence are safe. That is not what this bill is about.

We could ensure that pregnant women are safe without undermining reproductive rights and the right to bodily autonomy for anybody, including the trans community. We know abortion rights are under attack. This is a real threat, even in this country. We must do more than oppose bad legislation. We already need to improve, for example, in real time, access to this right. There are places in Canada where people cannot access an abortion.

We have to ensure that we do not just recognize that human right, but that we ensure all women have access to the right. We know that Conservatives cannot be trusted on this issue. We know that. They have had several attempts to undermine women's and gender-diverse individuals' right to choose. We know that many Conservatives MPs have introduced and supported anti-choice bills that would undermine Canadians' right to access a safe abortion.

Quite frankly, the Liberals have talked a good game, but their record is deeply underwhelming. While they pay lip service to defending abortion rights, they still have not removed the charitable status from anti-choice crisis pregnancy centres, and they do not enforce the Canada Health Act when provinces fail to uphold the right to access abortions.

They need to take action, not words, to ensure that a woman's right to health care, is available. Abortions are health care. We are going to continue to hold the government to account.

I will continue to watch the Conservative leader, the member for Carleton, who is actively supporting a bill that—

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, rising this evening to speak to Bill C‑311 is utterly exasperating. The Criminal Code amendment in the bill would force the courts to consider the fact that an assault victim is a pregnant woman an aggravating circumstance for sentencing purposes.

I realize this may seem like a sensitive issue, but, as usual, the Conservatives want to reopen the abortion debate. This bill is the latest in a long line of attempts to grant the fetus legal status in order to undermine women's right to control their own bodies.

I will start by explaining the pernicious effects of this bill. Then I will go over the Conservatives' history of back-door attempts. Lastly, I will remind the House about this difficult struggle for women.

First, without explicitly naming the fetus, this bill seeks to create an aggravating circumstance when the offence of assault is committed against a pregnant woman. If passed, the Conservative proposal could strengthen the premise that the legislator's intent is to grant the fetus implicit legal status. The Bloc Québécois opposes any attempt at such legislation, which would set women's rights back.

It is important to point out that the Criminal Code already enables judges imposing a sentence to consider as an aggravating factor an offence that has a significant impact on the victim, considering their personal circumstances, including their health. The victim's personal circumstances can include pregnancy, and the court can consider that as an aggravating factor under the circumstances.

Femicides against pregnant women have been documented by Canadian police forces since 2005. According to Statistics Canada, in 2005, 12 pregnant women were killed by their intimate partner, and eight pregnant women were killed by someone other than their intimate partner. Let us remember that. Not one more.

In a 2021 ruling, the Court of Quebec examined this issue when sentencing a man who pleaded guilty to assaulting his ex-wife. The judge was unequivocal about the consequences of committing such a crime against a pregnant woman. Her condition makes her more vulnerable to assault and less able to defend herself. The Quebec and Canadian courts are therefore inclined to consider a victim's personal circumstances, namely, a pregnancy, when handing down a sentence.

Our society has a duty to punish violence against women, especially violence against pregnant women, but the mechanisms to do so exist already. While it may have been tabled in good faith, the amendment in the Conservative bill brings nothing new to the table. However, we have strong reason to believe that it may be part of an anti-abortion strategy.

Second, it is important to point out that the Conservative member is continuing her ideological war against women's reproductive health.

During the previous Parliament, she sponsored a bill to criminalize abortions performed on the basis of an unborn child's sex. Despite the Leader of the Opposition's claims about being pro-choice, his caucus is clearly divided on the issue and still includes anti-choice members.

The Bloc Québécois therefore opposes Bill C‑311 given the bill's ulterior motive of securing legal status for fetuses. Bill C‑311 is an anti-abortion bill. The Bloc will make no compromise when it comes to defending women's right to control their own bodies, their right to choose, and supporting free, accessible and safe abortion services.

The Conservatives are trying to do indirectly what they cannot do directly. This bill is nothing less than an attempt to amend Canadian law in favour of their outdated anti‑abortion position, which Quebeckers have rejected. If passed, this legislative amendment could set a dangerous precedent if a Canadian court were to rule on the issue of the right to abortion.

Our elected members have a responsibility to carry out their duties honestly and to state their real intentions when they engage in dialogue on behalf of the constituents they represent. This is necessary for a healthy democracy. Obfuscating the debate for purely ideological purposes undermines the effective functioning of our democracy. These tactics need to be recognized, called out and stopped.

The Bloc Québécois demands that the Leader of the Conservative Party publicly recognize that Bill C-311 is just a partisan strategy to attack abortion, that he call on his members to oppose it and that he rein in the member for Yorkton—Melville. If he does not, if he chooses instead to vote for Bill C‑311, as he announced today, it says a lot about the influence of religious lobby groups on the Conservatives. In Quebec, we believe in secularism, which takes religion out of governance.

The member for Yorkton—Melville has previously presented anti-abortion bills. In 2016, she introduced Bill C-225, the protection of pregnant women and their preborn children act, also known as Cassie and Molly's law, which would have handed out a life sentence to anyone who “directly or indirectly causes the death of [a] preborn child”.

Is it not curious that the member for Yorkton—Melville never openly attacks the right to abortion, but that her efforts are somehow always directed at making this medical act a criminal offence with harsh sentences?

For all these reasons, we recommend that members vote against Bill C‑311.

It is also worth noting that the issue of selective abortion is not new in federal politics. A Conservative member moved a motion to condemn it in 2012, reopening the abortion debate in the process. That motion came after Conservative Stephen Woodworth's motion on the rights of the fetus that called for a parliamentary committee to study at what point a fetus should be considered a human being for the purposes of enforcing Criminal Code provisions.

These tactics, aiming to surreptitiously criminalize abortion, were carried out despite former prime minister Stephen Harper's campaign promise to not reopen the abortion debate.

Third, I would remind members that women's right to access abortion in Canada is intimately connected to Dr. Henry Morgentaler's fight to legalize this medical treatment. Prior to 1969, performing abortions was illegal in Canada. Women died trying to perform their own abortions with knitting needles and coat hangers. Do we really want to go back to that?

In 1969, Parliament made several important amendments to the Criminal Code. The section on abortion, section 273 at the time, specified when an abortion could legally be performed. The section set out criminal sanctions for doctors who did not respect the strict rules.

That same year, Dr. Henry Morgentaler opened his first clinic in Montreal, where he performed abortions after doctors and groups had debated whether or not to approve it. A year later, he was charged with performing illegal abortions. After his appeal was dismissed by the Supreme Court of Canada in 1975, he served a 10-month sentence in prison.

In 1982, the Canadian Charter of Rights and Freedoms came into effect. In 1983, Dr. Morgentaler, along with two other doctors, was charged with performing illegal abortions at Dr. Morgentaler's clinic in Toronto. Although complex, the case rests primarily on one specific point of law, namely, whether the abortion provisions of the Criminal Code infringed in an unjustified way a woman's right “to life, liberty and security of the person” as guaranteed by section 7 of the charter.

Although the ruling is also complex, the court concluded that the abortion section of the Criminal Code infringed a woman's right to security of the person, that the process by which the woman was deprived of that right was not in accord with fundamental justice, and that the right to security of the person of a pregnant woman was infringed more than was required to achieve the objective of protecting the fetus, and the means were not reasonable.

In conclusion, over 30 years after abortion was decriminalized in Canada, the Conservatives are pursuing their anti-choice militancy by tabling a bill like this one in Parliament. Their attacks on women's rights are a political manoeuvre to pander to the religious right.

The Bloc Québécois must firmly resist the Conservatives' attacks on the integrity of women and their hard-won right to control their own bodies.