Bill C-510
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3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-510
An Act to amend the Criminal Code (coercion)
Whereas Roxanne Fernando was a Winnipeg woman whose boyfriend attempted to coerce her to abort their unborn child and subsequently murdered her for refusing to do so;
Whereas many pregnant women have been coerced to have an abortion and have suffered grievous physical, emotional and psychological harm as a result;
Whereas the Supreme Court of Canada recognized in Dobson v. Dobson that “pregnancy represents not only the hope of future generations but also the continuation of the species. It is difficult to imagine a human condition that is more important to society”;
And whereas Parliament wishes to ensure pregnant women are able to continue pregnancy free of coercion;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as An Act to Prevent Coercion of Pregnant Women to Abort (Roxanne’s Law).
R.S., c. C-46
CRIMINAL CODE
2. The Criminal Code is amended by adding the following after section 264.1:
Coercion in relation to an abortion
264.2 (1) Every one who coerces a female person to procure or attempt to procure an abortion for herself is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Attempted coercion
(2) Every one who attempts to coerce a female person to procure an abortion for herself is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding six months.
Definitions
(3) The following definitions apply in this section.
“abortion”
« avortement »
« avortement »
“abortion” means the act of using or prescribing any instrument, medicine, drug or any other substance, device or means with the intent to terminate the clinically diagnosable pregnancy of a female person with knowledge that the termination by those means will with reasonable likelihood cause the death of the child. Such use, prescription or means is not an abortion if done with the intent to save the life or preserve the health of the child or terminate an ectopic pregnancy.
“coercion”
« contrainte »
« contrainte »
“coercion”, in respect of an abortion, means conduct that, directly or indirectly, causes a female person to consent to an abortion that she would otherwise have refused. A person coerces an abortion if he or she knows of or suspects the pregnancy of a female person and engages, or conspires with another to engage in, conduct that is intentionally and purposely aimed at directing the female person who has not chosen to have an abortion to have an abortion, including but not limited to the following conduct:
(a) committing, attempting to commit, or threatening to commit physical harm to the female person, the child or another person;
(b) committing, attempting to commit or threatening to commit any act prohibited by any provincial or federal law;
(c) denying or removing, or making a threat to deny or remove, financial support or housing from a person who is financially dependent on the person engaging in the conduct; and
(d) attempting to compel by pressure or intimidation including argumentative and rancorous badgering or importunity;
but does not include speech that is protected by the Canadian Charter of Rights and Freedoms.
“course of conduct”
« agissements »
« agissements »
“course of conduct”, for the purposes of the definition “threat”, means a pattern of conduct that consists of a series of two or more separate acts evidencing a continuity of purpose.
“threat”
« menace »
« menace »
“threat”, for the purposes of paragraph (c) of the definition “coercion”, means one or more statements, or a course of conduct, by an individual that would cause a reasonable person to believe that the individual is likely to act in accordance with the statements or as implied by the course of conduct, but does not include speech that is protected by the Canadian Charter of Rights and Freedoms or any generalized statement regarding a lawful pregnancy option.
Physician
(4) This section does not apply in the case of a physician who attempts to convince a pregnant female person to have a medical intervention that results, or may result, in the death of the child when, in the physician’s best medical judgment, that medical intervention is necessary to avoid a serious threat to the female person’s physical health.
Severability
(5) Any provision of this section that is held by a court of law to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless the court has determined that the provision is utterly invalid or unenforceable, in which case the provision shall be deemed to be severable from this section and shall not affect the application of the other provisions of this section or the application of the provision to other persons not similarly situated or to other, dissimilar circumstances.
Published under authority of the Speaker of the House of Commons
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