POLS 3130 Lecture Notes - Lecture 26: Criminal Negligence, Suspended Sentence, Fetus
25 Nov 2018
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Two individuals were hired as midwives to assist in a childbirth at home: not medical professionals. During childbirth, the mother"s contractions stopped after the child"s head appeared. Midwives tried induce further contractions but failed. Mother taken to hospital, child was removed but was not alive. Midwives were charged with negligence regarding both the child and the mother. The british columbia court of appeal finds that in order to be legally considered a person, the child must be fully outside the mother"s body and must be alive at birth. The midwives could not be guilty of negligence regarding the fetus. Negligence occurs only with respect to persons. The women"s legal education and action fund and real women of canada: two intervenors that play a role at the supreme court of canada. Leaf argued against a fetus being recognized as a person: purpose of women"s rights.
