Last March, Bill C 484, the Unborn Victims of Crime Act, passed second reading in the House of Commons. This bill seeks to amend the Criminal Code and to create a separate offence for causing the injury or death of an “unborn child” when a pregnant woman is the victim of a crime. This would mean that the murderer of a pregnant woman could be accused of a second murder, that of the foetus.

This amendment would not protect pregnant women, and would do nothing to respond to violence against women. The Criminal Code already recognizes that spousal violence is an aggravating factor in sentencing. Judges already do recognize pregnancy as an aggravating factor in sentencing. What is really at stake here is the legal recognition of the fetus’ right to life and the possible re-criminalization of abortion.

In Canadian law, only “human beings” have a right to life. Legally, a child becomes a human being once it is born and has completely proceeded, in a living state, from the body of its mother. In all the cases in which the Supreme Court of Canada was required to discuss the rights of the unborn, it ruled that the fetus is an integral part of the mother and has no independent legal personhood until it is born. Murder is the act of causing the death of a human being. Recognizing the murder of a pregnant woman as a “double murder”, would be tantamount to recognizing that the foetus is a human being.

The adoption of Bill C 484 would introduce a major change in our law, since it would in effect recognize that a fetus has a “right to life”. This would undoubtedly result in massive intrusions in the lives of pregnant women, as has been the case in those states in the U.S. that have adopted similar legislation. Some women have been criminally charged, and have been imprisoned for having a stillborn baby after refusing a caesarean, or for using drugs while pregnant.

Last January, we celebrated the 20th anniversary of the Morgentaler decision that struck down the Criminal Code provisions that made abortion a crime in Canada. This historic Supreme Court decision recognized that women’s constitutional rights to security of the person, autonomy and freedom include the right to end an unwanted pregnancy without state interference.

We the undersigned demand that all federal political parties and all members of Parliament:

• Oppose the adoption of Bill C-484
• Commit to protect women’s reproductive rights, and ensure that quality public health care abortion services are accessible in all regions of Canada and in Québec.
• Take effective measures to eliminate violence against women, in consultation with women’s groups
• This is a question that goes to the heart of women’s equality, dignity and human rights.

To sign, please send an email with your organization’s name in both French and English to joyce@arcc-cdac.ca
Type “Signing open statement” in the Subject line.

To view the signature list, click here:
Signature List