INTRODUCTION AND BRIEF DESCRIPTION
A child is considered a human being under Canadian law when it is born alive from its mother, regardless of whether it has breathed, has an independent circulation, or has had its navel string severed.
SECTION WORDING
223(1) 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 no (a) it has breathed; (b) it has an independent circulation; or (c) the navel string is severed.
EXPLANATION
Section 223(1) of the Criminal Code of Canada establishes when a child can be considered a human being under the provisions of the Act. The section states that a child becomes a human being when it has fully emerged, living, from the body of its mother, regardless of whether or not it has begun to breathe, has an independent circulation, or has had its umbilical cord cut. This section is critical for the interpretation of various offences under the Criminal Code of Canada, such as murder, manslaughter, and infanticide, as it determines at what point a child can be protected under the law. The definition provided by Section 223(1) is consistent with the medical understanding of birth and allows for clarity in the application of the law. In cases where a child is harmed or killed before it has fully emerged from the mother's body, it is not considered a human being within the meaning of the Act, and therefore criminal charges cannot be laid under laws that protect human life. However, once the child has fully emerged, it is protected under the law, and any harm or death caused to the child can result in charges ranging from infanticide to murder. Overall, Section 223(1) provides a legal definition of when a child can be considered a human being under the Criminal Code of Canada, making it an important provision for the administration of justice in cases involving children.
COMMENTARY
Section 223(1) of the Criminal Code of Canada has generated a great deal of controversy and debate around the issue of abortion and reproductive rights. This section establishes when a child becomes a human being under Canadian law, and as such, it sets out the criteria for determining whether or not a fetus is afforded legal rights. The section states that a child becomes a human being within the meaning of the Criminal Code when it has completely proceeded in a living state from the body of its mother, regardless of whether it has breathed, has an independent circulation, or whether the umbilical cord has been severed. This means that under Canadian law, a fetus does not have legal personhood until it has been born alive. Some argue that this legal definition of personhood is too restrictive, particularly in cases where a woman chooses to terminate a pregnancy. Abortion remains a divisive issue in Canada, with varying opinions on when life begins and whether or not a woman should have the right to choose to terminate a pregnancy. Critics of Section 223(1) argue that it is outdated and does not reflect current scientific understanding of fetal development. In response to these criticisms, advocates for reproductive rights have called for a repeal or amendment of Section 223(1), arguing that it represents a significant infringement on a woman's right to control her own body and make decisions about her reproductive health. In recent years, there has been a growing movement towards liberalizing abortion laws in Canada to make it easier for women to access safe and legal abortions at any stage of pregnancy. Proponents of the section maintain that it is necessary to ensure that fetuses are not granted personhood until they have been born alive and that this legal distinction is necessary to protect the rights of women to access abortion services. They argue that the law strikes an appropriate balance between the interests of women and those of unborn children. Despite the ongoing debate surrounding Section 223(1) of the Criminal Code, it remains a defining feature of Canadian law on abortion and reproductive rights. As the legal and social landscape continues to evolve, it will be interesting to see whether or not this section is amended or repealed entirely to reflect new scientific research and changing attitudes towards reproductive rights.
STRATEGY
Section 223(1) of the Criminal Code of Canada has been a highly debated topic in the country, with people taking different positions on when a fetus should be considered a human being. The section delimits the time when a child is deemed a human being, and any action taken before or after that stage may or not be subjected to criminal charges. However, legal practitioners understand that this section of the Criminal Code requires strategic consideration when dealing with it. This article delves into some of the strategic considerations and the strategies that could be employed when handling this complex section. One of the most significant strategic considerations when dealing with Section 223(1) is a comprehensive understanding of the definition of human being." A firm grasp of the legal definition is important to determine the implications of any action or inaction. It is also important to understand that this section does not aim to protect the fetus but rather it defines the threshold at which a child is considered to be a human being. This implies that an action taken before the child's complete proceeding from the mother's body would not lead to criminal charges. Another strategic approach to consider when handling this section is the physician's pre-abortion counseling of patients. It is essential for a physician to provide comprehensive information to a woman seeking an abortion, especially if the procedure could extend beyond the threshold period stipulated in the Criminal Code of Canada. It is crucial to note that the legal framework surrounding the determination of the stage at which a fetus is considered a human being might not coincide with the medical literature. Thus, it is imperative that physicians counsel their patients on the legal implications of the procedure. A crucial strategic consideration that legal practitioners should consider when dealing with Section 223(1) is the impact of the section on alternative methods of abortion. For instance, there has been a surge in the use of medical pills to perform abortions worldwide. However, this method necessitates that women consume the pill before the threshold of complete proceeding from the body. The legal stance surrounding this method might differ from the medical definition of whether the procedure can be considered as having taken place before or after the threshold specified in the Criminal Code. Additionally, legal practitioners should consider that prosecution under Section 223(1) requires evidence beyond a reasonable doubt. Prosecutors must show that the fetus was a human being under the Criminal Code when the action took place. This is a difficult threshold to meet, hence requiring comprehensive and conclusive medical evidence to support the charge. In conclusion, Section 223(1) of the Criminal Code of Canada is an essential legal framework that determines when a fetus is considered a human being. Legal practitioners must, therefore, approach this section with due consideration of the implications of the actions taken. Some of the strategic considerations include a comprehensive understanding of the definition of a human being, providing pre-abortion counseling, evaluating the legal stance surrounding alternative methods of abortion, and producing strong medical evidence when pursuing criminal charges. Understanding these strategic considerations will help legal practitioners navigate this section of the Criminal Code effectively.