A Toronto lawyer, arguing for legal protection for unborn children, says the law must be updated to account for the distinctness of the child in the womb.
In brief filed to the Supreme Court in the case of a pregnant Winnipeg woman who won the right not to undergo mandatory addiction treatment, Angela Costigan said the law is out of date when it comes to protection of the unborn child.
“It is respectfully submitted that the old legal interpretations were formed when not only the judiciary but the medical profession itself was ignorant as to the truth regarding the existence of preborn children,” Costigan said. “Today such techniques as the use of ultrasound have illuminated the knowledge of the medical profession and, it is respectfully submitted, ought to enlighten this court.”
Costigan also argued that Section 7 of the Canadian Charter of Rights and Freedoms should be extended to the unborn. That section holds that “everyone” has a right to life and security of person.
