News

CALGARY, AB, Jan 29, 2001 (LSN.ca) – Justice Patricia Rowbotham of Alberta’s Court of Queen’s Bench has ruled that a full-term baby which died during childbirth, is not a child and therefore the parents are not due compensation for bereavement in her death. Parents Martin and Mary Bertoia were awarded $60,000 in damages for the admitted negligence of their physician, Dr. Lynn Marriott, but were refused an additional $25,000 for the loss of the baby – Kelsey Lee on the grounds that the law does not consider the baby a child. “The anomaly in this case is if Kelsey Lee Martin had been born alive and died at any time thereafter due to negligence, (the parents) would have a claim,” said Rowbotham. “The Supreme Court of Canada … (has) determined that a fetus had no legal status until it is a child, born alive and viable.”

Gwen Landolt, a lawyer for REAL Women Canada told LifeSite that the case demonstrates clearly that the courts have created a “legal fiction” by denying the humanity of the unborn child. She said it brings the integrity of the court into question since it has adopted radical feminist ideology, which flies in the face of medical and scientific fact. MP Tom Wappel and others have for some years emphasized the need for an amendment to current law to re-define the word “person” to reflect medical and scientific reality.

See the CP coverage at:  https://www.canoe.ca/CNEWSTopNews/judge_jan27-cp.html

Comments

Commenting Guidelines

LifeSiteNews welcomes thoughtful, respectful comments that add useful information or insights. Demeaning, hostile or propagandistic comments, and streams not related to the storyline, will be removed.

LSN commenting is not for frequent personal blogging, on-going debates or theological or other disputes between commenters.

Multiple comments from one person under a story are discouraged (suggested maximum of three). Capitalized sentences or comments will be removed (Internet shouting).

LifeSiteNews gives priority to pro-life, pro-family commenters and reserves the right to edit or remove comments.

Comments under LifeSiteNews stories do not necessarily represent the views of LifeSiteNews.