“It is time Canadian law recognizes that crimes committed against a pregnant woman have two victims.”

Jason Rivers
Special to Spur Ottawa

A key parliamentary bill is up for its second debate in the House of Commons. October 5, 2016, is the first opportunity MPs have to vote on Bill C-225, “Cassie and Molly’s Law,” named for a mother and her unborn daughter killed during a home invasion and fire. If it receives royal assent, the Bill would criminalize causing harm to a pre-born baby while knowingly committing a crime against a pregnant woman.

“I dream of a Canada where we embrace, support, and protect this most precious season of a woman’s life—particularly with the law if a woman’s choice to carry her child to term is violated,” says Rachel Heineman, Assistant Director of MY Canada. “It is time Canadian law recognizes that crimes committed against a pregnant woman have two victims.”

Jeff Durham, father of the pre-born Molly, partnered with Member of Parliament Cathay Wagantall to draft the legislation, which they say fills a gap in the Canadian Criminal Code.

“It’s really hard, sometimes, to measure [crimes against pregnant women],” Wagantall says. Having laws that protect pregnant women and babies “says something about your values as a country and in the courts. I think it’s really important.”

70 percent of respondents support the legislation. The rate is higher among women, with 75 percent support.

During the Bill’s first hour of debate, back in February, there was resistance from pro-abortion MPs. Several, including Public Safety Minister Ralph Goodale, claim the legislation would restrict abortions.

“Some have mistakenly identified this bill as one that would infringe upon a woman’s right to choose,” Heineman says. “We want to make it clear that this bill does not touch abortion rights. It deals only with the death or injury of a child when a crime is being committed against the mother. This bill would come into play when an action is made, against the will of the mother.”

Similar bills have been put forward in the past. None were successful. This time, however, proponents of the legislation have reason to hope.

Wagantall commissioned a public-opinion survey, conducted by Nanos Research, about the issues surrounding her bill. The results, published on her site, reveal tremendous public support.

“The pro-abortion movement have become so focused on abortion that they are not about all of the choices a woman can make.”

Of the 1000 respondents, 70 percent support the legislation’s key points. The rate is higher among women, with 75 percent support. Ninety-seven percent of respondents also indicated support for some form of abortion. Wagantall says that shows a clear overlap of people who support abortion, as well as her legislation.

“We saw [this] as a real advantage,” she says. “The Bill doesn’t help the pro-life movement and, in a way, it challenges the pro-choice movement. They have become so focused on abortion that they are not about all of the choices a woman can make.

“There is a real current of the younger generation saying, ‘No, this isn’t right. A woman’s choice is more than just the choice to have an abortion and that should carry equal weight.’”

“There is nothing more powerful than everyday Canadians contacting their Member and saying, ‘I want you to support this.’”

Women face a much higher risk of domestic abuse, and violence in general, when they are pregnant. Aboriginal women are particularly at risk from violence. The Native Women’s Association of Canada knows of 18 cases of pregnant Aboriginal women who have disappeared or been murdered. They suspects the number is actually significantly higher.

In a letter of support, the association’s president, Dawn Lavell Harvard, says, “This Bill will enhance the rights of Aboriginal women and girls in Canada and address some of the serious discrimination they face by ensuring justice is served for our pregnant Aboriginal sisters and their unborn babies.”

Wagantall urges Canadians who support the Bill to contact their MP. With the weight of public support, she believes it will make a significant difference if people call their MP to have that discussion.

“There is nothing more powerful than everyday Canadians contacting their Member and saying, ‘I want you to support this.’”