C-338
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-338
An Act to amend the Criminal Code (procuring a miscarriage after twenty weeks of gestation)
first reading, June 21, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Steckle
391319
SUMMARY
This enactment amends the Criminal Code to create the offence of procuring the miscarriage of a female person after her twentieth week of gestation subject to certain limited exceptions.
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-338
An Act to amend the Criminal Code (procuring a miscarriage after twenty weeks of gestation)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 287:
Procuring miscarriage after twenty weeks
287.1 (1) Despite section 287, every one who, with intent to procure the miscarriage of a female person who he or she knows or ought to know is past her twentieth week of gestation, uses any means or permits any means to be used for the purpose of carrying out his or her intention
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding two years or to a fine not exceeding $100,000, or to both.
Definition of “means”
(2) For the purposes of subsection (1), “means” has the meaning assigned by subsection 287(3).
Definition of “miscarriage”
(3) For the purposes of this section, “miscarriage” means the death of a child before it has completely proceeded from the body of its mother.
Exception
(4) Subsection (1) does not apply if the miscarriage is necessary
(a) to save the life of a woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a physical condition caused by or arising from the pregnancy itself; or
(b) to prevent severe pathological physical morbidity of the woman.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada