Details
- Full Title
- An Act to amend the Criminal Code (injuring or causing the death of a preborn child while committing an offence)
- First Reading
- February 23, 2016, Parliament 42, Session 1
- Type
- Private Member’s Bill
- Full Content
- https://www.parl.ca/legisinfo/en/bill/42-1/c-225
Summary
Bill C-225, also called the Protection of Pregnant Women and Their Preborn Children Act (Cassie and Molly's Law), aims to amend the Criminal Code. The bill seeks to create new offenses related to harming or causing the death of a preborn child during the commission of a crime against a pregnant woman. It also adds pregnancy as an aggravating circumstance during sentencing.
The bill defines a "preborn child" as a child at any stage of development before becoming a human being as defined in section 223 of the Criminal Code. It outlines specific offenses for causing the death or injury of a preborn child while committing an offense against a pregnant woman, with varying penalties depending on the intent and recklessness of the offender. The bill specifies that these offenses are separate from any offense committed against the mother.
Furthermore, the bill amends section 718.2(a) of the Criminal Code to include evidence that the offender abused a person they knew was pregnant as an aggravating circumstance in sentencing. It also amends section 743.6 to grant the court the power to delay parole in cases where an offender is convicted under the new subsection 238.1(2), allowing the court to order that the offender serve one-half of the sentence or 10 years before being eligible for full parole.
Issues
Social Justice
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Reproductive Rights
This bill touches upon reproductive rights by defining a "preborn child" and creating offenses for causing injury or death to a preborn child during the commission of a crime against a pregnant woman. The bill does not directly address access to abortion services, but it does legislate around the concept of harm to a fetus.
Security and Defense
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Crime
This bill aims to amend the Criminal Code by creating new offenses related to causing injury or death to a preborn child while committing an offense against a pregnant woman. It also adds pregnancy as an aggravating circumstance for sentencing. The bill outlines specific penalties for these offenses, including imprisonment for life in certain cases. It also includes provisions for delaying parole in cases where an offender is convicted under the new sections.