7-Month-Old Unborn Baby Was Killed in an Attack, But Canadian Law Says No One Died

International   |   Sarah Zagorski   |   Jul 22, 2015   |   7:38AM   |   Ottawa, Canada

Currently Canada does not have an Unborn Victims of Violence law, which would recognize the unlawful killing of an unborn child as homicide. Under section 223 of the Criminal Code of Canada, an unborn baby is a “human being … when it has completely proceeded, in a living state, from the body of its mother whether or not it has completely breathed, it has an independent circulation or the navel string is severed.” This differs from the law in the United States that protects the unborn in cases of fetal homicide.

However, a man from Windsor has launched a campaign to make the killing of an unborn child as a criminal offence in his country. As LifeNews previously reported, in December 2014 Cassandra Kaake was found beaten to death in a burned-out home. At the time of her murder, her seven-month-old unborn baby girl Molly was killed as well.

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After the attack, Molly’s father, Jeff Durham wrote a heartbreaking letter about the lack of justice and said he would work to change the laws in Canada. (Click here to read the full-letter) Additionally, he recently started a petition calling on the Canadian Parliament to charge the man responsible for his child’s death accountable. He said, “Whether you are an unborn child or full-grown woman – life is life. When someone commits such a crime there should not be any excuse why we can’t portray the reality of that in the charges. The charges in this case don’t represent what happened.”

The man responsible for the death of Durham’s daughter, Matthew Brush, is only facing charges for killing Cassandra. According to The Star Phenox, the name of Durham’s campaign is called Molly’s Matters and so far his petition has garnered nearly 10,000 signatures.

Part of the petition reads, “In the case of Cassandra Kaake the accused Matthew Brush, age 26 of LaSalle Ontario, and known to the family of the victim, will only be held accountable for one charge of murder – Cassie’s. Her tiny baby girl who could have survived being born at 30 weeks gestation will receive absolutely no justice and this sickens me. We as Canadians need to change this. I’m hoping that this petition will go national as it effects every woman in this country, and that not only I, but Cassie and Molly have your support.”

At the courthouse where Brush is being tried, Durham explained that the last eight months have been “hell” for him. He said, “I want people to know there is not reality in the charges that have been laid. They should represent the crime and they do not. They are insufficient, an injustice and we can do better.”