C-291
First Session, Thirty-ninth 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)
first reading, May 17, 2006
Mr. Benoit
391317
SUMMARY
This enactment amends the Criminal Code by imposing, on a person 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, the same punishment that the person would have received had the death or injury occurred to the mother.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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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 CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services CanadaOttawa, Ontario K1A 0S5Telephone: (613) 941-5995 or 1-800-635-7943Fax: (613) 954-5779 or 1-800-565-7757publications@pwgsc.gc.cahttp://publications.gc.ca