Police in Toronto made an announcement last week that has restarted the discussion about criminal charges in cases where pregnant women are murdered and their unborn child dies as a result of the attack. The announcement centred on the death of 33 year old Candice Bobb of Etobicoke. She was shot and killed in a drive-by shooting last May. She was five months pregnant at the time. Her baby – a boy – was delivered by caesarean section. He died a few weeks later. Police are still looking for suspects in the shooting, but say if they eventually solve the case, there will be two charges laid: one in the death of the mother and the other in the death of the baby. In making the announcement, Sergeant Mike Carbone, a detective with the Toronto Homicide Unit conceded that this case involves a “complicated part of the law”.

Specifically, the law being referenced is Section 223 of the Criminal Code, which says “a person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.”

Mike Schouten with We Need a Law says the fact that it took police almost year to come to this decision shows what’s wrong with the current legislation. “The Crown is grappling with this because there is such an incredible hypocrisy. If the child had died in-utero and not been born first, they would have had no problem just asking for the one charge dealing with the pregnant mother.” Schouten says it shouldn’t have taken police almost a year to come out and admit that they’re looking for someone who has committed two murders according to the Criminal Code. Schouten says the case again illustrates Canada’s “lack of any protection for children right up to the moment of birth is what’s at play here.”

Last year, Parliament declined to pass “Cassie and Molly’s Law”, a private member’s bill which would have automatically mandated charged in cases like this.

The following op-ed appeared in the Smithers Interior News on November 2, 2016 by Executive Director, Mark Penninga

When it comes to how Canadian law views preborn children, some may legitimately wonder if “pro-life” Canadians will ever be able to agree or work together with those who identify as “pro-choice.” Such an opportunity arose just last week, but the entire NDP (including local MP Nathan Cullen), Liberal Party, and even some Conservatives lacked the courage to act. Pro-life or pro-choice, every Canadian should be disappointed with this lack of leadership because it is hurting women and their preborn children.

Last week Wednesday, ParliamenInterior News Nov2016t voted on Bill C-225, also known as Cassie and Molly’s law. The bill was named after Cassandra Kaake and her daughter Molly. Cassie was 7 months pregnant with Molly when she was violently murdered almost two years ago in southern Ontario. Cassie’s partner and Molly’s father Jeff Durham, who identifies himself as “pro-choice”, learned the hard way that Canadian law has absolutely no regard for preborn children. The fact that his daughter Molly was murdered was ignored by our justice system because our Criminal Code maintains the myth that preborn humans are not actually human beings. So he started a grassroots campaign called “Molly Matters” to protect pregnant women and the preborn children that they choose to carry to term.

MP Cathay Wagantall courageously answered the call for justice and introduced Bill C-225, naming it in Cassie and Molly’s honour. The bill would make it a separate offense to injure or kill a preborn child in an attack against the mother, when the person knew she is pregnant. This would help deter violent crime against pregnant women. Polls showed that 70% of Canadians supported this bill, with that number increasing to 75% among women. The legislation was also confirmed as constitutional by one of Canada’s leading constitutional law firms. Given the shocking reality that between 2004 and 2009 over 60,000 pregnant women in Canada were victims of domestic violence, it is no wonder that the bill also received the support of Canadian Resource Centre for Victims of Crime and the Native Women’s Association of Canada.

So why did Nathan Cullen and 208 other MPs vote it down? It seems they would rather be silent, even if it means women get hurt, than admit that there is a problem with the way our law deals with the preborn. The same thing was evident when they shut down a motion in the last Parliament that sought to condemn gendercide – the intentional killing of preborn girls simply because they are girls.

What this vote does is confirm that these MPs are not “pro-choice” at all. If they cared about choice, they would be concerned that Cassie’s choice was violently torn away when she was killed. It is clear that when the choice is for life, these leaders have no use for it. Is that really choice? They are just forcing their hurtful ideology on everyone else.

How can a 21st century society still hold on to the myth that a human being comes into existence only after it is born? What species were you a minute prior to birth? Canada is now the only country in the entire world that has no legal protection for the preborn. And these MPs call themselves progressives! They are holding to an antiquated view that is anti-science, anti-women, and anti-life. One day, future generations will look back at us and shake their heads at our dismal human rights record and the many who clung on to it for so long. It is time we showed the courage and maturity to deal with this issue in a way that shows love for women and their preborn children.

durham225defeatedOn Wednesday October 19, Parliament voted down Bill C-225, also known as Cassie and Molly’s Law. This private member’s bill, sponsored by Yorkton-Melville MP Cathay Wagantall, addressed a gaping hole in Canadian law whereby a criminal who intentionally commits a violent crime against a pregnant woman currently cannot be charged for harming or murdering her pre-born child.

Parliament voted down Bill c-225 – Cassie and Molly’s Law

The bill was inspired by the story of Cassandra Kaake, a mother who was murdered two years ago in Windsor, Ontario. Cassy was 7 months pregnant with her daughter Molly. Her killer was charged with only one murder, to the shock of family and friends who were also eagerly anticipating Molly’s birth.

Keep reading this over at WeNeedaLaw.ca

Also, listen to the post-vote analysis with Mike Schouten on Lighthouse News for a unique behind-the-scenes look at the process.

What a great day for Canada! As you may know, we have been calling for a pre-born victims of crime law for over a year. In fact, it was one of three laws that we focussed on during lifeTOUR 2015 as having a real possibility of being introduced in the next 3 – 8 years. Now, only four months after the conclusion of lifeTOUR, the House of Commons is set to debate and vote on a bill that would protect pregnant women and their pre-born children!

Bill C-225, introduced by Ms. Cathay Wagantall in February 2016, in the House of Commons, is titled the Protection of Pregnant Women and their Preborn Children Act. The short title is Cassie and Molly’s Law.

The full text of Bill C-225 can be found on the Parliament of Canada website. Here is the short summary:

This enactment amends the Criminal Code to make it an offence to cause injury or death to a preborn child while committing or attempting to commit an offence against a pregnant woman and to add pregnancy as an aggravating circumstance for the purpose of sentencing.

There will be more analysis in the coming days and weeks but here’s a quick rundown of what Bill C-225 WILL DO:

Here are a couple things that Bill C-225 will NOT do:

Is Bill C-225 an imperfect law? Yes, it is. Will it stop abortions? No, abortion will still be completely legal. But, it is a step in the right direction. Cassie and Molly’s Law is not the ultimate answer, but it will protect the human rights of children whose mothers have chosen to carry them to term. And, as we often say, “We need to embrace opportunities to protect some as we work towards protecting all.”

What can you do to support this bill?

With your support and engagement, we have been pushing for incremental changes in law as we seek to advance pre-born human rights. Today we stand at the beginning of what will be an exciting number of months, and we hope you’ll join us in supporting this bill!