Recognize pre‑born victims
Petitioners ask Parliament to legislate that pre‑born children be separate victims when harmed or killed during offences against their mothers, allowing two charges. The government responds that fetuses are not legal persons and that separate‑victim status would raise constitutional issues.
Why we would sign this petition
- It would allow prosecutors to lay two charges—one for harm to the mother and one for harm to the pre‑born child—reflecting distinct harms caused by the same offence.
- Legal recognition of the pre‑born as a separate victim could provide clearer recourse and potential closure for families who lose an unborn child in violent crime.
- Creating separate‑victim status may increase accountability and deter assaults on pregnant women by enabling distinct charges and penalties for fetal harm.
Why we wouldn’t sign this petition
- The proposal conflicts with existing Criminal Code interpretation and Supreme Court precedent that fetuses are not legal persons, risking legal inconsistency.
- Recognizing separate‑victim status could raise complex constitutional and rights issues concerning women and reproductive legal protections.
- Current law already treats offences against pregnant women as an aggravating factor and provides protections, so the change may be unnecessary or could complicate prosecutions.
The summary and both sets of reasons are AI-generated from the petition and given equal weight. Claims are the petitioners’ own; consult the official record for the full text.
Official petition
PETITION TO THE HOUSE OF COMMONS IN PARLIAMENT ASSEMBLED WE, THE UNDERSIGNED RESIDENTS OF CANADA, draw the attention of the House to the following: THAT in current federal criminal law; a pre-born child is not recognized as a victim with respect to violent crimes; THAT when a pregnant women in Canada is assaulted or killed, because we offer no legal protection for pre-born children today, no charge can be laid in the death of the pre-born child; THAT forcing upon a pregnant woman the death/injury of her pre-born child is a violation of a woman's right to protect and give life to her child. THAT the Kaake family of Windsor, Ontario is grieving the loss of Cassandra and her pre-born daughter Molly who she was thirty-one weeks pregnant with when they were brutally murdered in December 2014. THEREFORE your petitioners call upon the House of Commons to pass legislation which would recognize pre-born children as separate victims when they are injured or killed during the commission of an offence against their mothers, allowing two charges to be laid against the offender instead of just one.
Government response
Response by the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency Signed by The Parliamentary Secretary Patricia Lattanzio Canadian criminal law has long drawn a clear distinction between a pregnant woman and a fetus. Section 223 of the Criminal Code makes clear that legal personhood applies to individuals who exist independently from their mother, or who have been “born alive.” This is consistent with established jurisprudence, including the Supreme Court of Canada’s 1997 decision in Winnipeg Child and Family Services v. D.F.G., which affirmed that fetuses are not recognized as legal persons independent from their mother. Committing an offence against a pregnant victim is already an aggravating factor for sentencing purposes at common law, and within this framework, Canadian law protects fetuses through the protections afforded to pregnant women. In addition, the Criminal Code provides specific protections in certain circumstances, including subsection 223(2) and section 238, which address conduct causing harm in the course of birth. The Government remains committed to ensuring that acts of violence against pregnant women are treated with the utmost seriousness under the criminal law, while any changes to recognize separate victim status would require careful consideration of broader legal and constitutional implications.