4 Responses to “C-484 Unintended consequences”

1. 1 Mark Byron  on Feb 11th, 2008 at 2:09 pm

   This is a fetal homicide law which may make people feel better morally or emotionally, but does nothing to protect women or achieve justice.

   I understand that you don’t like the motives of the people putting forth this bill, which are generally folks in the religious-right camp, however, I will have to contest the validity of that statement.

   Would such a law give an angry boyfriend or husband pause at hitting his pregnant partner if he knew that causing a miscarriage would get him a very large prison term? For many, no, but it will cause quite a few guys to think twice.

   Thus, the bill does something to protect women.

2. 2 Bene D  on Feb 11th, 2008 at 6:13 pm

   Hmmm. I think you are misunderstanding me.
   This is about legislation, not religious right groups or political ideological motives.

   This bill was inspired by families of victims who have lost their daughter, their grandchild.

   Fetal rights bills do not give men(or women) determined to harm a pregnant woman pause.

   Under current Canadian law judges have discretion and latitude to impose very stiff penalities already in place.

   We can be encouraging courts to do so without taking away womans rights - which is what fetal homicide bills have been doing.
   I think a great deal has been learned about unintended consequences from current US law.

   Canadian courts have adequate existing domestic violence laws. Citizens, agencies, law enforcement, and ideological groups can step up, encourage maximum penalty for offenders, continue education and needed assistance and support for victims and familes without contravening the CC or the Charter.

   Would such a law give an angry boyfriend or husband pause at hitting his pregnant partner if he knew that causing a miscarriage would get him a very large prison term?

   Aggravated assault, attempted aggravated assault, assault with a weapon, murder do have ‘large’ prison terms.
   CCC: Sections 235, 268, 288

   C-484 does not acknowledge it is a crime to attack the woman even though a pregnant women is the care taker of the fetus

   “10% of women assualted by their partner reported miscarriages
   40% reported assault during pregnancy
   Only 4 in 10 sought medical treatment
   Only 1 in 4 told a medical professional what their experience was”

   Statistics Canada, November 1993. Reported in “Wife Assault: The Findings of a National Survey”, Rodgers, Karen. Juristat Service, Bulletin, Vol 11, No.9. Canadian Centre for Domestic Statistics, March 1994.

1. 1 Bill C - 484 Fetal Homicide Bill at Bene Diction Blogs On Pingback on Mar 6th, 2008 at 12:30 am
2. 2 Hansard - Ken Epp - C-484 - April 28, 2008 at Bene Diction Blogs On Pingback on May 1st, 2008 at 12:00 am