New Alberta law will permit some lawsuits against mothers : CBC News
Alberta has become the first province in Canada to enact legislation allowing children to sue their mothers for injuries suffered in the womb. But the law applies only to damage suffered in car accidents.
Lisa Rewega was pregnant when she was in a car accident five years ago while on her way to church. "I just felt so great, everything was perfect and I just never made it there. I hit black ice. I was five months pregnant."
Rewega spent eight months in hospital. Her daughter Brooklyn was born severely brain-damaged and blind, with cerebral palsy and epilepsy. She needs expensive, round-the-clock care.
In a ruling six years ago, the Supreme Court of Canada said a child can't sue its mother for damages suffered in the womb. But the ruling also left a small and very narrow loophole, saying provinces could allow a child to sue its mother, but only in the case of a car accident.
Alberta is now the first province to allow this.
I don't understand how the interests of the child are separated from the interests of the mother in this case. It's a bit like suing yourself.
It also doesn't make sense that you'd allow abortion (i.e. death of the child in the womb) but the child has rights which become real before birth -- in some limited sense.
It's wacky and it's inconsistent.
But it seems pro-life to recognize that child is a human being distinct from the mother before birth. After all, if the mother broke her her leg, the leg wouldn't be able to sue her in 12 months.
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