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Tuesday, March 11, 2008

Reprocussions of Bill C-484

Bill C-484 is a private members bill introduced to the commons as "An Act to amend the Criminal Code (injuring or causing the death of an unborn child while committing an offence)". In effect it says that anyone who causes harm to a pregnant woman in a manner which could cause harm to a child is guilty of a crime in addition to the crime of assault against the expectant mother, it also basically allows prosecutors to charge someone who murders a pregnant woman with both the fetus' and the mother's murder.

In essence the thought process behind this bill is a well intentioned one. You kill a pregnant woman you are guilty of double homicide, because killing a pregnant woman is particularly evil. There is a flaw in the bill however. It seems to me, and several other opponents of the bill that it de facto gives a fetus rights as a person.

What's wrong with this? Well if a fetus is a person then anyone who has performs an abortion commits murder and could face charges. Now technically the Bill specifically excludes abortions in which the mother consents, so the right to choose is still technically protected, but it is dangerous start.

Not to mention the fact that basically it will have little or no effect on prison time, since in Canada multiple sentences are served concurrently not consecutively.

The law already allows judges to take mitigating circumstances such as pregnancy into consideration when sentencing, so this bill is at best superfluous at worst it is dangerous first step to damning the right choose abortion.

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