NEWS RELEASE

 

December 15, 1999

For Immediate Release

BREITKREUZ MOTION WOULD REDEFINE A "HUMAN BEING" IN CANADIAN LAW

"Ten years of government foot dragging has created a moral dilemma and a legal quagmire!"

 

Ottawa - Last summer, Garry Breitkreuz, M.P. for Yorkton-Melville, asked, "Isn’t it time the fetus had some rights too?" Today, he made good on his promise to improve protection of the rights of the unborn in Canadian law. Breitkreuz introduced a Private Member’s Motion which advances a new definition of a human being. "I still find it hard to believe that in Canadian law, babies don’t actually become human beings until they emerge alive from their mother’s womb," said Breitkreuz. "This absurd definition has created a moral dilemma and a legal quagmire because until the moment a baby is born, it has absolutely no rights -- according to the law it is still not a human being. Until it is born, a baby has no right to life and security of the person under the Charter of Rights and Freedoms. This has to be changed."

M-360 states: "That, in the opinion of this House, the government should bring in legislation defining a "human being" as a human foetus or embryo, from the moment of conception, whether in the womb of the mother or not and whether conceived naturally or otherwise and making any and all consequential amendments required."

Currently, a human being is defined in Section 223(1) of the Criminal Code of Canada: " A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother whether or not (a) it has breathed, (b) it has an independent circulation, or (c) the navel string is severed."

"It is clearly stated in the United Nations Convention on the Rights of the Child that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth." Breitkreuz commented, "In Canadian law there simply is no protection for a child before birth. The Government of Canada cannot discharge its legal obligations under this international agreement (an agreement the federal government and ten provinces have ratified) until and unless it changes the definition of a human being."

"Successive governments have had their heads buried in the sand on this controversial issue for more than ten years now. A million babies have been aborted while politicians were hoping the issue would just go away. Surely some of them had the right to live. The Supreme Court has said that this is an issue best left to Parliament. Well, I say it’s time for Parliament to act. Many key moral and legal issues such as reproductive technologies, rights of the unborn and a mother’s duty-of-care for their unborn all hinge on when a child becomes a human being. Today’s definition is totally unacceptable," concluded Breitkreuz. "It’s time for the real debate to begin."

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For more information, please call:

Yorkton: (306) 782-3309

Ottawa: (613) 992-4394

E-Mail: breitg0@parl.gc.ca