....Thus, for criminal law purposes an unborn child cannot be regarded as a “human being.”
Tell that to your anti-C484 friends, Wingnutter.
If you want to pass a law that makes it makes the unborn a second victim when the mother is killed, fine go nuts. BUT FIRST, you have to fix that little problem above. So you need to introduce a law of some kind that states the unborn is a legal entity in Canadian Law (how all that would work is another debate all together and not one that is germane to this very basic and simple legal issue).
The Supreme Court ruled that the fetus and woman are one in the absence of legislation. However, the Supreme Court has said that it is perfectly valid for Parliament to legislate on the fetus for its protection.
An unborn child may not be a human being, but that doesn't mean he can't be a victim. Animals are victims of "abuse", i.e. a crime. Bill C-484 simply recognizes the fetus exists. That's all. This is perfectly constitutional.
Besides, regardless of whether a fetus is or is not a human being, a woman has a right to her fetus, and if someone kills that fetus against her wishes, the culprit should be accountable.
It's really that simple.
Parliament has the right to legislate on the fetus. The Supreme Court has said so on several occasions. No need to define a status for him.
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