Specifically, the law being referenced is Section 223 of the Criminal Code, which says “a person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.”
Mike Schouten with We Need a Law says the fact that it took police almost year to come to this decision shows what’s wrong with the current legislation. “The Crown is grappling with this because there is such an incredible hypocrisy. If the child had died in-utero and not been born first, they would have had no problem just asking for the one charge dealing with the pregnant mother.” Schouten says it shouldn’t have taken police almost a year to come out and admit that they’re looking for someone who has committed two murders according to the Criminal Code. Schouten says the case again illustrates Canada’s “lack of any protection for children right up to the moment of birth is what’s at play here.”
Last year, Parliament declined to pass “Cassie and Molly’s Law”, a private member’s bill which would have automatically mandated charged in cases like this.