The Status of the Foetus Under Canadian Law

Abstract

This article outlines the current state of Canadian law regarding the status of the foetus. It outlines the status of the foetus under Québec civil law, Anglo-Canadian common law, and Canadian criminal law and it considers the rights of the foetus under the Canadian Charter of Rights and Freedoms. Given the judicial treatment of the foetus under civil, common and criminal law, the article concludes that it is doubtful whether the foetus will be found to have independent Charter status and that any state action to advance the interests of foetal life and well-being, that impacts the constitutionally-entrenched rights of pregnant women, would have to be justified as a reasonable limitation under section 1 of the Charter.

Keywords: Canada, Canadian, law, foetus, civil law, common law, Charter of Rights, criminal law, status, pregnant women, rights, fetus, unborn