INTRODUCTION AND BRIEF DESCRIPTION
The section criminalizes the use of any means to intentionally cause the miscarriage of a female, whether or not pregnant, leading to life imprisonment.
SECTION WORDING
287(1) Every one who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the purpose of carrying out his intention is guilty of an indictable offence and liable to imprisonment for life.
EXPLANATION
Section 287(1) of the Criminal Code of Canada deals with the offence of procuring a miscarriage or abortion through unlawful means. This section makes it a criminal offence for anyone who intends to end a pregnancy, whether or not the woman is actually pregnant, to knowingly perform an act with the purpose of carrying out that intention. If found guilty, the sentence can be imprisonment for life. This section of the code is aimed at ensuring the protection of the life of an unborn child and also the health and safety of the woman seeking an abortion. It reflects the Canadian law's perspective that an unborn child has a right to life and it is illegal to take it away without any legal reasons. The Criminal Code does allow for legal abortions, and the decision to terminate a pregnancy in Canada is left to the woman, her family, and her physician. The legality of abortion in Canada is based on the landmark Morgentaler ruling in 1988, where the Supreme Court of Canada declared the former laws that criminalized abortion as unconstitutional. Overall, Section 287(1) of the Criminal Code of Canada reinforces the notion that abortions must be carried out in a safe and legal manner, without posing any threat to the life and health of women, and only be performed by licensed medical professionals. It also reflects the Canadian laws' recognition of the right of an unborn child to life until certain criteria such as being able to survive outside the mother's womb.
COMMENTARY
Section 287(1) of the Criminal Code of Canada is a consequential law with regards to the rights of females. This section specifically targets individuals who perform or attempt to perform abortions without consent from the female involved, with the motive of procuring a miscarriage. This section not only serves to protect the health and well-being of pregnant women, but also reinforces the importance of individual autonomy. The section outlines the actus reus and mens rea elements of the offence. The actus reus component is satisfied when an individual takes steps to carry out an abortion or miscarriage. The mens rea requirement mandates intent to achieve the outcome of miscarriage or abortion, irrespective of whether or not the victim is actually pregnant. Therefore, this section criminalizes attempts to procure the miscarriage of a female, even if the intended victim is not, in fact, pregnant. Hence, the section protects the unborn-child by deterring any acts directed towards terminating pregnancies. The punishment prescribed for the offence is also of significant magnitude. The accused is liable to imprisonment for life. Life imprisonment indicates the severity with which the lawmakers view the offence of procuring a miscarriage of a female. Such a punishment is intended to produce a situation where individuals are led to deter from engaging in such a crime. Furthermore, this provision has come under debate, as it stifles women's reproductive autonomy. The act of undertaking an abortion or miscarriage solely falls within the discretion of the pregnant woman. Therefore, a law criminalizing the same threatens women's rights to bodily autonomy and privacy. The counter-argument that the section is required to protect the life of the unborn child is also valid to some extent. The law should uphold the sanctity of life; however, it should also respect that women have the right to decide when, how, and if they want to start or grow their families. In conclusion, Section 287(1) of the Criminal Code of Canada seems to strike a balance between protecting women's health and well-being while simultaneously upholding the sanctity of life. The law works as a deterrent, while the punishment is stringent to ensure that individuals do not engage in the offence of procuring a miscarriage of a female. However, any law or provision that threatens women's bodily autonomy should be handled with caution. It is essential that laws neither restrict a woman's right to choose, nor do they diminish the importance of reproductive autonomy. Future amendments or drafting of laws should focus on providing women adequate protection while also ensuring the unwavering protection of reproductive autonomy. Maintaining this balance remains necessary to reinforce individual rights while ensuring a safe and progressive society.
STRATEGY
Section 287(1) of the Criminal Code of Canada criminalizes the act of procuring a miscarriage of a female person, whether she is pregnant or not, with the intention to end the pregnancy. This law impacts the way healthcare providers and individuals approach reproductive healthcare in Canada. In this essay, we will examine strategic considerations for dealing with Section 287(1) of the Criminal Code of Canada and outline strategies that can be employed to navigate the legal system and provide safe, equitable reproductive healthcare. Strategic Considerations The following are strategic considerations to navigate Section 287(1) of the Criminal Code of Canada: 1) Protecting clients. Healthcare providers must ensure that they protect the privacy of their clients. They should keep all medical records confidential and not disclose any information about their clients without a court order. This is particularly important when it comes to clients seeking abortions, as disclosing confidential information could expose them to harm or legal repercussions. 2) Understanding the law. Healthcare providers need to be familiar with the law and its implications. They should be aware that while the law prohibits the procurement of miscarriages, it allows for individuals to obtain abortions if they meet certain legal criteria. It is important to know how to provide appropriate care to clients while staying within the law. 3) Providing informed consent. Healthcare providers should provide clients with accurate and unbiased information about their options, including abortion. Clients must understand the risks, benefits, and alternatives to each option. Healthcare providers must also obtain explicit consent from clients before providing any medical procedure or treatment. 4) Advocating for reproductive rights. Healthcare providers can advocate for their clients' reproductive rights and work to remove barriers that may prevent them from accessing safe reproductive healthcare. This includes advocating for legal and policy changes that could improve the legal and social environment around reproductive health. Strategies The following are strategies that can be employed to navigate Section 287(1) of the Criminal Code of Canada: 1) Offer a safe and comfortable environment. Creating a safe and comfortable environment for clients seeking reproductive healthcare can help ensure that they feel supported, heard, and empowered. This could include offering counseling services, creating a relaxing atmosphere, and employing compassionate staff. 2) Educate clients about their options. Clients must understand their options around reproductive healthcare. Healthcare providers can offer educational materials, such as pamphlets or brochures, to help them make informed decisions. 3) Work with legal advocates. Legal advocates can help healthcare providers understand the law and navigate any legal issues that may arise. This could include providing legal advice and representation for clients, or advocating for legal changes to improve reproductive healthcare access. 4) Engage in policy advocacy. Healthcare providers can advocate for changes in policies that impact reproductive healthcare. This could include advocating for expanded access to reproductive healthcare, better funding for healthcare providers, and changes in administrative processes that create barriers to access. Conclusion Section 287(1) of the Criminal Code of Canada criminalizes the act of procuring a miscarriage of a female person, whether she is pregnant or not. Navigating this law requires healthcare providers to take strategic considerations, such as protecting client privacy, understanding the law, providing informed consent, and advocating for reproductive rights. Strategies for navigating this law include offering a safe and comfortable environment, educating clients about their options, working with legal advocates, and engaging in policy advocacy. These strategies can help ensure that healthcare providers can provide safe and equitable reproductive healthcare in Canada.