Judge: so what if you strangled your baby?

Canadian appellate judges overturned a second-degree murder conviction of a woman who secretly gave birth to a baby boy in her parents’ house and then strangled him and threw his body over her neighbor’s fence. Convicted of the lesser charge of infanticide, the woman will not serve jail time for the crime.

Judge Joanne Veit, in her opinion on the case, likened the murder (or infanticide) to abortion to explain why the woman would receive a “suspended sentence”:

[W]hile many Canadians undoubtedly view abortion as a less than ideal solution to unprotected sex and unwanted pregnancy, they generally understand, accept and sympathize with the onerous demands pregnancy and childbirth exact from mothers, especially mothers without support . . . Naturally, Canadians are grieved by an infant’s death, especially at the hands of the infant’s mother, but Canadians also grieve for the mother.

Mark Steyn at National Review Online pointed out the absurdity of using “onerous demands” to justify post-birth abortion, or “fourth trimester abortion,” as he put it:

Gotcha. So a superior court judge in a relatively civilized jurisdiction is happy to extend the principles underlying legalized abortion in order to mitigate the killing of a legal person – that’s to say, someone who has managed to make it to the post-fetus stage. How long do those mitigating factors apply? I mean, “onerous demands”-wise, the first month of a newborn’s life is no picnic for the mother. How about six months in? The terrible twos?

Steyn also notes that the judge’s onerous demands argument could justify killing an elderly parent as easily as an unwanted but born child.

Another thing: why does the judge keep appealing to the feelings of Canadians in her decision? She runs a court of law, and it does not deny the pathos of the story to recognize that the feelings of the nation do not define justice in any case. After all, the feelings of the crowd can wrongly convict an innocent person. In this case, Canadian grief served as the justification for letting a woman twice-convicted of murder by a jury get away with “infanticide.”

The prosecution has asked the Canadian Supreme Court to review the decision.

 

 

 

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