Bill C-291
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-291
An Act to amend the Criminal Code (injuring or causing the death of a child before or during its birth while committing an offence)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts the follows:
1. The Criminal Code is amended by adding the following after section 238:
Injuring or killing an unborn child while committing an offence
238.1 (1) Every one who injures or causes the death of a child before or during its birth while committing or attempting to commit an offence against the mother who is pregnant with the child is guilty of the offence of which the person would have been guilty had the injury or death occurred to the mother, and is liable to the punishment prescribed for that offence.
Exclusion of defence
(2) It is not a defence to a charge under subsection (1) that
(a) the child is not a human being;
(b) the accused did not know that the person was pregnant; or
(c) the accused did not mean to injure or cause the death of the child.
Separate offences
(3) The offence of injuring or causing the death of a child before or during its birth while committing or attempting to commit an offence against the mother who is pregnant with the child is not included in any offence committed against the mother.
Published under authority of the Speaker of the House of Commons
Available from:
Publishing and Depository Services
Public Works and Government Services Canada
Available from:
Publishing and Depository Services
Public Works and Government Services Canada