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This bill would include in the definition ``human being'' in the
Criminal Code a human foetus or embryo. Thus, the killing of a human
being would extend to the killing of such a foetus or embryo.
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This bill would also repeal the provisions relating to infanticide.
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Clause 2: The title preceding section 214 at present
reads as follows:
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Clause 3: Subsection 222(4) at present reads as
follows:
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(4) Culpable homicide is murder or manslaughter or infanticide.
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Clause 4: Section 223 at present reads as follows:
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223. (1) A child becomes a human being within the meaning of
this Act when it has completely proceeded, in a living state, from the
body of its mother, whether or not
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(b) it has an independent circulation; or
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(c) the navel string is severed.
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(2) 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.
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Clause 5: The title preceding section 229 at present
reads as follows:
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Murder, Manslaughter and Infanticide
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Clause 6: Sections 233 and 234 at present read as
follows:
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233. A female person commits infanticide when by a wilful act or
omission she causes the death of her newly-born child, if at the time
of the act or omission she is not fully recovered from the effects of
giving birth to the child and by reason thereof or of the effect of
lactation consequent on the birth of the child her mind is then
disturbed.
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234. Culpable homicide that is not murder or infanticide is
manslaugher.
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Clause 7: Sections 237 and 238 at present read as
follows:
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237. Every female person who commits infanticide is guilty of an
indictable offence and liable to imprisonment for a term not
exceeding five years.
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238. (1) Every one who causes the death, in the act of birth, of any
child that has not become a human being, in such a manner that, if
the child were a human being, he would be guilty of murder, is guilty
of an indictable offence and liable to imprisonment for life.
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(2) This section does not apply to a person who, by means that,
in good faith, he considers necessary to preserve the life of the
mother of a child, causes the death of that child.
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Clause 8: Sections 242 and 243 and the heading
preceding these sections at present read as follows:
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242. A female person who, being pregnant and about to be
delivered, with intent that the child shall not live or with intent to
conceal the birth of the child, fails to make provision for reasonable
assistance in respect of her delivery is, if the child is permanently
injured as a result thereof or dies immediately before, during or in a
short time after birth, as a result thereof, guilty of an indictable
offence and is liable to imprisonment for a term not exceeding five
years.
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243. Every one who in any manner disposes of the dead body of
a child, with intent to conceal the fact that its mother has been
delivered of it whether the child died before, during or after birth, is
guilty of an indictable offence and liable to imprisonment for a term
not exceeding two years.
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Clause 9: Subsections 610(2) and (4) at present read
as follows:
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(2) A conviction or an acquittal on an indictment for murder bars
a subsequent indictment for the same homicide charging it as
manslaughter or infanticide, and a conviction or acquittal on an
indictment for manslaughter or infanticide bars a subsequent
indictment for the same homicide charging it as murder.
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(4) A conviction or an acquittal on an indictment for infanticide
bars a subsequent indictment for the same homicide charging it as
manslaughter, and a conviction or acquittal on an indictment for
manslaughter bars a subsequent indictment for the same homicide
charging it as infanticide.
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Clause 10: Subsections 662(3) and (4) at present read
as follows:
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(3) Subject to subsection (4), where a count charges murder and
the evidence proves manslaughter or infanticide but does not prove
murder, the jury may find the accused not guilty of murder but guilty
of manslaughter or infanticide, but shall not on that count find the
accused guilty of any other offence.
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(4) Where a count charges the murder of a child or infanticide and
the evidence proves the commission of an offence under section 243
but does not prove murder or infanticide, the jury may find the
accused not guilty of murder or infanticide, as the case may be, but
guilty of an offence under section 243.
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Clause 11: Section 663 at present reads as follows:
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663. Where a female person is charged with infanticide and the
evidence establishes that she caused the death of her child but does
not establish that, at the time of the act or omission by which she
caused the death of the child,
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(a) she was not fully recovered from the effects of giving birth to
the child or from the effect of lactation consequent on the birth of
the child, and
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(b) the balance of her mind was, at that time, disturbed by reason
of the effect of giving birth to the child or of the effect of lactation
consequent on the birth of the child,
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she may be convicted unless the evidence establishes that the act or
omission was not wilful.
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