Friday, January 3, 2014

Protecting the innocent - why man invented criminal law

In December in the National Post, Mike Schouten commented on Maurice Vellacott's motions M-482 and M-483.

Schouten said:
"The Supreme Court justices of 1988 would never have anticipated a 25 year legal vacuum surrounding the rights of children before birth. They struck down Canada’s abortion law on constitutional grounds, but were very clear that it was the mandate of Parliament to enact new laws protecting pre-born children. In fact, even Justice Bertha Wilson opined as to where protections should be placed when she said, “The precise point in the development of the fetus at which the state’s interest in its protection becomes compelling I leave to the informed judgment of the legislature which is in a position to receive guidance on the subject from all the relevant disciplines. It seem to me, however, that it might fall somewhere in the second trimester.” In light of this judgement, as well as more recent jurisprudence in this area, it is entirely appropriate for Parliament to study the impact of the status quo in our law."
A letter writer didn't agree that an abortion law was needed. The letter writer said:
"Any law that is designed to deal with emotional issues and issues linked to biology is inherently flawed. Laws cannot impose compassion and understanding. I feel that any woman who is contemplating aborting her fetus is in acute need of support or treatment. It follows that any action that addresses her mental, emotional or physical health is to be decided as an individual case. The law is not the instrument of choice to handle such a situation."
I responded with this letter:
Letter-writer Ruedi Mueller feels that a law is unnecessary to protect the unborn, as “any law that is designed to deal with emotional issues and issues linked to biology is inherently flawed.” Since crimes against humans always involve emotions (like rape or murder), his reasoning makes no sense. We create laws to protect the innocent; it is exactly why man invented criminal law. Preborn children are the prime victims in abortion and they are incapable of protecting themselves. As a civilized society, it is up to the rest of us to make sure that we provide that legal protection. 
Patricia Maloney, Ottawa.

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