VIOLENCE AGAINST PREGNANT WOMEN:
A FIGHT FOR FETAL RIGHTS
by Ashley Beaudin
The Charlatan, Feb 28, 2008

The recent bill, Bill C-484, introduced Feb. 29 by Conservative MP, Ken Epp (Edmonton - Sherwood Park) is expected go to the floor of the House of Commons for its second hour of debate.

This bill, also known as the Unborn Victims of Crime Act would create “a separate offence when an unborn child is harmed or killed during the commission of an offence against the child’s pregnant mother.”

As a young woman and part of a generation that will soon emerge as mothers and fathers, I believe that this amendment to the Criminal Code is critical.

Today’s society has come to hold a large amount of concern for progression in human rights.

Unfortunately, in Canada this concern is rarely met with action. We have an opportunity to see a bill enacted that will raise the bar in both women’s and children’s rights. This bill can act as a strong disincentive to violence against pregnant women and will help protect the health and safe delivery of every child.

Notably, in the United States 37 states have fetal-homicide laws. But in Canada charges can be laid only if the baby has left the womb.

This is a grave and unwarranted injustice that we must address nationally.

Currently, if an attacker kills a pregnant woman and her child, no charges can be laid to recognize the fetal victim. This leaves the families of the victim, who are left grieving the death of two lives with a feeling of injustice.

One supporter, Mary Talbot, lost her daughter Olivia who was six months pregnant when she was killed. Her killer admitted that he shot Olivia in the torso to kill the baby and yet there is nothing in our Criminal Code that recognizes his intent to harm this unborn child.

Legally, we have given more protection to animals than to an unborn human child. Under current Canadian law, animal abusers can receive up to six months in prison, and new legislation might increase this to five years. This blatantly says that we value the life of an animal more than a human life.

We have protected, and shown commitment to continue to protect, the rights of animals.

Let’s do the same for our children and make protection accessible to unborn children.

Understandably, pregnant women are vulnerable. There is something in the heart of a woman that compels her to protect her child.

But when an attacker imposes on that defence and receives no consequence for that action, society affirms in public policy and in law that such violence is OK.

When a mother chooses life for her child, that child —unborn or not —should be protected under law.

A woman and a child are indeed within the same physical body, but are two separate lives. It seems ridiculous to charge an attacker with one account of homicide when it took two separate lives.

In some cases, an attacker attacks a pregnant woman for her baby. When the attacker is only charged for the case of the mother, society affirms the intention of the attacker under the reasoning that the life of the fetus was insignificant.

We cannot send a message to our children that the nine months of greatest intimacy with their mothers in the womb is trivial and of no importance.

Objectors to the bill have said this law will affect abortion rights; however, this is not the case. This law specifically states that the bill will not apply to any act of omission by the mother of the child, meaning that the mother could not be charged under this legislation for terminating her pregnancy.

While preliminary polls have shown that Canadians are divided on this issue, we should rather unite for the purpose of protecting our children.

Let’s be known as a society that defends the vulnerable and cares for the unborn. They are worth dignity and salvation and deserve to be guarded.