A fetus does not acquire legal status as a human being until it physically exists its mother’s body. *
Canadian Criminal Code R.S., c. C-34, s. 223
* Legal information provided by the Mothers’ Aid Society of Canada does not constitute professional legal advice.
When child becomes human being
223 (1) A 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 an independent circulation; or
(c) the navel string is severed.
Killing childSource: Canadian Criminal Code R.S., c. C-34, s. 223 [archive]
(2) A person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.
Page last updated April 19, 2020.