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| utsfl:classroom:seminars:pbs110h [2013/09/29 10:04] – integrated my notes and Schouten's and restructured balleyne | utsfl:classroom:seminars:pbs110h [2016/11/04 22:05] (current) – mmccann | ||
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| - | ====== PBS110H: | + | ====== PBS110H: |
| - | These notes from the first half of André Schouten' | + | |
| - | + | ||
| - | ===== History ===== | + | |
| - | FIXME more details here | + | |
| - | * pre-confederation "quick with child" (first time a mother feels her child move, around 16 weeks child was protected by law) | + | |
| - | * 1869 (first criminal code): abortion a crime at any time, punished by next stiffest penalty after death penalty | + | |
| - | * 1969: Trudeau' | + | |
| - | * 1988: R. v. Morgentaler: | + | |
| - | * 1991: Bill C-43 fails; died in a tie vote | + | |
| - | * pro-life and pro-choice citizens were united against this bill, it wasn't a great bill | + | |
| - | + | ||
| - | ===== The Present ===== | + | |
| - | What does the criminal law say about the pre-born child? | + | |
| - | + | ||
| - | FIXME WNAL website | + | |
| - | + | ||
| - | * Section 223(1), (2): | + | |
| - | * "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 independent circulation, | + | |
| - | * Does our criminal code refer to children using " | + | |
| - | * Section 238.(1) | + | |
| - | * (1) Everyone who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life | + | |
| - | * R. v. Drummond, 1996, Ont. Ct. J. | + | |
| - | * 7 months pregnant, shotgun into cervix, pulled the trigger | + | |
| - | * charged with... attempted murder | + | |
| - | * the charge didn't stick; the thing she was attempting to murder wasn't a human being | + | |
| - | * charged and found guilty of: failure to provide the necessities of life | + | |
| - | * not because she shot her child in the head, but because she didn't tell the doctors | + | |
| - | * R. v. Levkovic: FIXME | + | |
| - | * Canadian law is more concerned about dead babies than living pre-born babies | + | |
| FIXME | FIXME | ||
| - | * Other Relevant Laws | + | * Western |
| - | * Section 223: Homicide | + | * Fall 2015 Lifeline Chalking |
| - | * Section 242-243: Neglect in Child-birth and Concealing Dead Body | + | * |
| - | | + | * |
| - | + | * | |
| - | ===== Re-emerging Issues ===== | + | * Fall 2016 London Against Abortion coverage https:// |
| - | FIXME use these for 200/300-level topics | + | * [[: |
| - | * gendercide | + | * Ryerson |
| - | * eugenics (pre-born screening) | + | * http:// |
| - | * pro-life | + | * https:// |
| - | * access to information | + | * Fanshawe |
| - | | + | * https://www.facebook.com/ |
| - | * AHRA: Assisted Human Reproduction Act (after 15 years to created the law, gutted by Supreme Court) | + | |
| - | * four principles | + | |
| - | * human dignity | + | |
| - | * protection of health | + | |
| - | * non-commodification | + | |
| - | * non-commercialization | + | |
| - | * Quebec wasn't happy that the federal government passed a law dealing with health issues | + | |
| - | | + | |
| - | * consequences | + | |
| - | * no strong, consistent, national standard (Alberta can go nuts, Quebec has their own law which is actually pretty good) | + | |
| - | * some provinces have no intention of regulating | + | |
| - | * no controls on human embryo experimentation | + | |
| - | * human-animal hybrid experimentation is now allowed | + | |
| - | * no health regulations in place | + | |
| - | * McLachin' | + | |
| - | * " | + | |
| - | * Section 11 recognizes... | + | |
| - | * Section 13: The production of human life in clandestine... | + | |
| - | * creating life outside the womb could " | + | |
| - | + | ||