NCJ Number
116043
Date Published
1989
Length
105 pages
Annotation
The Law Reform Commission of Canada identifies shortcomings of the present criminal code regarding protection of the fetus and outlines reform provisions to be included in a new code.
Abstract
The Commission recommends the inclusion of a new fetal offense of 'fetal destruction or harm' that would make it a crime to purposely, recklessly, or negligently cause death or serious harm to a fetus. A pregnant woman would only be responsible if she purposely harmed her fetus, and exceptions for medical treatment would be a defense to a crime against the fetus where it did not involve risk of destruction or harm disproportionate to the expected benefit and where treatment was with the mother's consent for therapeutic or diagnostic reasons. With respect to abortion, the Commission recommends a two-stage approach. In the first stage of pregnancy, up to 22 weeks since the occurrence of the last menstrual period, women could terminate their pregnancy if medically authorized on the ground that physical or psychological health was threatened. Thereafter, legal abortions would be more restricted; and termination of the pregnancy would only be permitted if necessary to save the woman's life or protect her against serious physical injury. It is also recommended that abortion be lawfully performed at any stage of pregnancy if the fetus suffers from a lethal defect. An alternate three-stage approach would permit abortions during the initial 13 weeks without requiring justification. 44 footnotes.