Mr. Speaker, Bill C-484 proposes changes to the Criminal Code that will have no real positive effect, but rather will potentially jeopardize a woman's right to choose.
This proposed private member's bill would have two charges laid against a person who kills a pregnant woman. This would in effect give legal rights to a fetus and change the definition of when a fetus becomes a person under the law. Currently a fetus is not considered a person until actual live birth.
While I will not argue that murdering a pregnant woman is particularly abhorrent, this bill will in the end do more harm than good for women's rights in Canada.
This House has heard from some who may contend that this bill has nothing to do with abortion and is just about ensuring that someone who murders a pregnant woman will pay doubly for his or her crime. However, this bill is the thin edge of the wedge as it will change the definition of when a fetus becomes a person.
This change will have an effect on the legal status of abortions in Canada. Canadians, Parliament, the courts and the Senate all made a determination on this issue and have supported a woman's right to choose. This is not something that needs to be opened to debate again.
Canadian women fought long and hard for the right to safe, legal abortions in Canada. Women have been forced to put their private lives under scrutiny in the courts in the fight for the right to choose. If we take away that right, women in desperate situations will have to take desperate measures, like a young woman who in 1989 bled to death after attempting to perform an abortion on herself. This tragedy was the result of fear and despair and happened while the federal government debated making non-emergency abortions illegal.
I am profoundly concerned that Bill C-484 is nothing but a thinly veiled attempt to make abortions illegal in Canada. I am extremely disappointed that the member would use tragic murders of young women to push an anti-abortion agenda.
Bill C-484 calls into question a judge's ability to take mitigating circumstances into account. Courts already take aggravating circumstances into account when deciding on sentences for crimes and would most certainly consider injury to or the death of an unborn child to be a serious aggravating circumstance.
Furthermore, two separate offences would not necessarily mean more jail time. In Canada, unlike the United States, multiple sentences are often served concurrently. I bring up our neighbour to the south for a reason. As many of my colleagues well know, this type of bill has been passed in several U.S. states. This bill does have some impact there because jail sentences are often served consecutively, thus actually increasing time served. I would also like to note that it is also the same country where there is an active attempt to ban access to abortions for American women at the state and federal levels. The supporters of this type of bill are the very same people actively working to ban abortions.
The evidence is clear. To date, courts across Canada have blocked provincial attempts to substantially regulate the issue of abortion, finding that the pith and substance of such attempts is actually an attempt to recriminalize abortion through the back door.
Bill C-484 essentially represents an indirect recognition of an unborn child as a person with legal status. Such an initiative could have significant ramifications in a number of different areas of law and opens a Pandora's box in the abortion debate.
I believe it is essential to this debate to discuss an area of concern that the Conservative government has failed to address, and that is, of course, violence against women. Homicide is a leading killer of pregnant women and it is well known that violence against women increases during pregnancy.
What the government needs to address is better measures to protect women in general and pregnant women in particular from domestic violence. A fetal homicide law would completely sidestep the issue of domestic abuse and do nothing to protect pregnant women from violence before it happens. It would also do nothing to protect women who are abused shortly after giving birth.
Before we start talking about laws to protect fetuses, the government has an obligation to make sure that women's rights are protected first by addressing the systemic problem of domestic violence. If a woman is safe, her unborn child is safe.
In Canada, women have guaranteed rights and equality under our Charter of Rights and Freedoms. Persons do not gain legal status and rights in our society until after a live birth, as per the Criminal Code. Also, the Supreme Court has ruled that a woman and her fetus are considered physically one person under the law, as in Dobson v. Dobson.
If we give legal rights to a fetus we must automatically remove some rights from women, because it is impossible for two beings occupying the same body to enjoy full rights. If we try to balance rights, it means the rights of one or both parties must be compromised, resulting in a loss of rights. Legally speaking, it would be very difficult to justify compromising women's established rights in favour of the theoretical rights of the fetus.
It is also of concern that Bill C-484 essentially contradicts the election promises of the Conservative Party. During the last election, its platform stated, “A Conservative government will not initiate or support any legislation to regulate abortion”.
Bill C-484 does just that. It initiates legislation that will effectively regulate abortion in Canada by changing the definition of the legal status of a fetus. It opens the door to making abortion illegal in Canada.
If the government is truly concerned about women and their children, it will abandon its recent budget and reverse its unacceptable policies, policies that have removed equality from the mandate of the women's program, cancelled the court challenges program, closed 12 regional offices of Status of Women Canada, and ended research, lobbying and advocacy on behalf of women in a dismal budget document that failed to reintroduce a national housing strategy or affordable decent housing.
Let us imagine what such a housing policy would do for these women fleeing violence, including those carrying unborn children. The government could also introduce a national child care program and needed changes to maternity and parental leave. It could have provided adequate funding for legal aid, restored the court challenges program, helped women with disabilities, implemented proactive pay equity and invested in programs that would address violence against women.
It could do all these things, but that would require a real commitment to women, children and families. Instead, the Conservatives have chosen to promote Bill C-484.
A woman's right to choose was hard fought for. It would be detrimental to Canadian women and an international embarrassment to remove that right. The Conservatives are not standing up for Canadian women by tabling such bills. It is indeed time that the government remembered its election pledge.
I hope all thoughtful members of this House will respect a woman's right to choose and respect the fact that women need safety, not this kind of indirect attack.
