Bill C-243
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
1st Session, 36th Parliament, 46 Elizabeth II, 1997
|
|
|
|
The House of Commons of Canada
|
|
|
|
BILL C-243 |
|
|
|
An Act to amend the Criminal Code
(protection of child before birth)
|
|
| Preamble
|
WHEREAS the Preamble to the
Declaration of the Rights of the Child,
adopted by the United Nations in 1959,
provides:
|
|
|
|
|
|
|
|
WHEREAS certain substances, if they are
consumed by the mother during her
pregnancy, can damage the growth and
development of the foetus, so that the health
of the child is significantly injured;
|
|
|
|
WHEREAS the legal protection of the
health of children before they are born
necessarily affects the rights and freedoms of
mothers;
|
|
|
|
AND WHEREAS it is the intention of this
Act to provide legal protection for the health
of children before they are born, while
affecting the rights and freedoms of mothers
only to the extent necessary for that purpose;
|
|
|
|
NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
|
|
|
|
|
|
| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993,
cc. 7, 25, 28,
34, 37, 40, 45,
46; 1994, cc.
12, 13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 7, 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30
|
1. The Criminal Code is amended by
adding the following after section 218:
|
|
| Definition of
``child''
|
218.1 (1) In this section, ``child'' includes
every foetus that its mother does not have a
fixed intention to abort.
|
|
| Consumption
of injurious
substance
|
(2) Every one who is pregnant and
knowingly or recklessly consumes a substance
that injures or is likely to injure the growth,
development or health of a child she is
carrying is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding one year.
|
|
| Order to
protect child
from further
offence
|
(3) Where a person has committed an
offence under subsection (2) and the court is
satisfied that the making of such an order is
necessary to prevent the commission of a
further offence by the person in relation to the
same child, the court may make any of the
following orders:
|
|
|
|
|
|
|
|
|
|
| Termination
of order
|
(4) An order made under subsection (3)
terminates when the pregnancy ends, whether
by birth, miscarriage or abortion.
|
|