An Act to amend the Criminal Code (violence against pregnant women)
Bill C-311 in 44-1 was a Conservative Private Member's Bill amending the Criminal Code (R.S.C. 1985, c. C-46) to add the act of being committed against a pregnant woman as an aggravating circumstance at sentencing under section 718.2. Sponsored by then-Conservative MP Cathay Wagantall (Yorkton-Melville). The bill was controversial as critics including the Canadian Bar Association and reproductive-rights advocates argued it could create a legal personhood basis for the unborn (the so-called fetal-rights framework rejected by R. v. Sullivan and Lemay, 1991 SCC). The bill did not pass second reading after the federal Liberal-NDP government voted against it, citing reproductive-rights protection concerns. Companion to similar provincial victim-impact-statement frameworks.
Status
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Would make committing a violent offence against a pregnant woman an aggravating factor at sentencing. A Conservative private member's bill from Cathay Wagantall; critics, including the Canadian Bar Association, warned it could open a door to fetal personhood. It did not pass.
Issues this bill touches
- Crime & Public Safety
Makes pregnancy of a victim a statutory aggravating factor at sentencing for violent crimes.
Legislative history
- First reading
First reading in the House of Commons.
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Official source
Read full text on Parliament of Canada