Bill C-445
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1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
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House of Commons of Canada
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BILL C-445 |
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An Act to amend the Criminal Code
(protection of child before birth)
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| Preamble
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Whereas the Preamble to the Declaration
of the Rights of the Child, adopted by the
United Nations in 1959, provides:
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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;
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Whereas the legal protection of the health
of children before they are born necessarily
affects the rights and freedoms of mothers;
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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;
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| R.S., c. C-46
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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1. The Criminal Code is amended by
adding the following after section 218:
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| Definition of
``child''
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218.1 (1) In this section, ``child'' includes
every foetus that its mother does not have a
fixed intention to abort.
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| Consumption
of injurious
substance
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(2) Every person who is pregnant and
knowingly consumes a substance that injures
or is likely to injure the health of a child she is
carrying is guilty of an offence punishable on
summary conviction and liable to
confinement in a hospital or other suitable
treatment facility that is ordered by the court
until such time as two physicians certify that
she may be released because she is no longer
consuming the substance or the pregnancy
ends, whichever is the earlier.
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| Report to
physician
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(3) A person who is pregnant and who is
released under subsection (2) shall report to
her physician weekly until the pregnancy
ends, in order for the physician to determine
whether the person is continuing to refrain
from consuming the substance.
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| Reconfinemen
t
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(4) Where the person's physician advises
the court that the person has resumed the
consumption of the substance, the court may
order the person to be reconfined to a hospital
or other suitable treatment facility until the
pregnancy ends, or may make such other order
as the court considers necessary to protect the
growth, development and health of the child.
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