The fate of a North Bay mother accused of hiding the body of her child in a bush could hinge on the outcome of a Brampton case that challenges whether the charge violates a woman's constitutional rights.
Tabatha Etches, 27, remains free on bail. She is pregnant and agreed Tuesday to stay away from any children under the age of 14 except while receiving medical treatment at a hospital, and to follow conditions that may be set by the Nipissing and Parry Sound Children's Aid Society.
In May, Etches was committed to stand trial for neglecting to get help with childbirth and concealing the body of a child.
Two teenagers found the decomposing remains of the eight-pound, four-ounce baby boy March 30, 2007. The body -- linked to Etches by DNA -- was wrapped in a towel in a garbage bag and left near a walking trail in a wooded area near Laurentian Avenue and Minto Road.
Etches was acquitted of infanticide because there was no known cause of death. She was also acquitted of offering an indignity to human remains since a stillborn in Canada is not defined as a human being.
(...)
The remains had decomposed to the point where forensic examination could not determine if the child was born alive or stillborn. The Crown in that case is not claiming the baby died during birth.
The defence argued that a fetus has no rights, while a woman's control over her body is protected under the Canadian Charter of Rights.
And here's the kicker:
The charge of concealing the body of a child stigmatizes a woman who bears an illegitimate child and may deprive her of her liberties, the defence said.
Isn't that a hoot? Given birth in this society is "stigmatized". Forget public health, it's ONLY the woman who matters. Her "liberties" are far more imporant than any responsibility she may have towards the greater good in protecting public health.
What a laugh.
Superior Court Justice Casey Hill released his decision last month agreeing to limit the language of the Criminal Code charge. Hill wrote in his decision that the charge would refer to a child which has died during or after childbirth, but not before birth.
Ivana Levkovic was acquitted six days after his decision was released, North Bay Crown attorney Paul Condon told court.
The Crown in Brampton is expected to decide later this week whether to appeal the judge's findings, Condon said, noting the issue is at the centre of the Etches case.
If it can be shown that a child deserves protection during birth, that will be a step in the right direction. I doubt it'll stick. But should it be considered constitutional, we might have the makings of a ban for partial birth abortion.
Of course the feminists will shriek to high heaven because God forbid we protect a child about to be born from having his head stabbed and his brain sucked out.
It's all about compassion after all.
