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EDMONTON (CP) - Groundbreaking legislation that would allow a child to sue its mother for injuries suffered in the womb is providing comfort to a northern Alberta family but raising worries for insurance providers and the pro-choice lobby.
Alberta Justice Minister Ron Stevens plans to introduce a bill later this month that would create an exception to current Canadian law. But he cautions the Alberta law will be narrowly restricted to cover children who were hurt in motor vehicle accidents, and the liability will be limited to the amount of the mother's insurance policy.
The move stems from the case of Brooklynn Rewega, who was born with brain damage, blindness and cerebral palsy after her pregnant mother lost control of her car and crashed it.
"If that accident had occurred and any other party was driving or was responsible, there would be a remedy for that child for injuries arising out of the accident," Stevens said Thursday. "What we are doing in the legislation that we will be bringing forward is providing a potential remedy for that child in those circumstances."
It's great news for Lisa and Doug Rewega, who have been lobbying the government for two years on behalf of their daughter, who's now four.
"They're just absolutely thrilled," said the family's lawyer, Rosanna Saccomani.
"They suffer every day with raising a child they love very much, who brings a lot of joy in their life, but there are significant challenges they have to deal with and there's huge significant costs to raising a child with these kinds of disabilities."
Alberta's move was also applauded in New Brunswick, where a similar case went all the way to the Supreme Court. The court ruled in 1999 that women should not be held liable for injuries to a fetus in most cases, but that provincial legislatures could make an exception for motor vehicle crashes because drivers are required to buy insurance precisely to cover such events.
Ryan Dobson of Moncton, N.B., was at the centre of that case. His mother, Cynthia, was pregnant 13 years ago when her car slid into a pickup truck. Ryan was born with cerebral palsy, is virtually unable to speak and has other medical problems.
After losing at the Supreme Court, Cynthia Dobson was left to pay out of pocket for costly therapies for her son.
"I really hope Brooklynn wins this one," said Dobson, who has been following the Rewega case closely. "It's her right. Why they didn't see that at the time of Ryan's case is beyond me."
Dobson said Ryan's lawyers are now looking what, if any, further avenues they can pursue for him. She hopes every province passes the kind of legislation Alberta proposes.
But Joyce Arthur of the Abortion Rights Coalition of Canada said the bill makes her uneasy.
"I'm just worried about the aspect of fetal personhood and how that law could somehow in some way or other be used by the anti-abortion movement to get a foothold on establishing some kind of future restrictions on abortion down the road," Arthur said from Vancouver.
Rebecca Cook, an expert in reproductive health law at the University of Toronto, said any recognition of fetal interests shouldn't be confused with a woman's right to end a pregnancy if she chooses.
"When we're thinking about the protection of prenatal life, we need to think about it in ways that are consistent with the woman's interests," Cook said. "So as long as protecting prenatal life is consistent with a woman's interest, I think it's an extremely important policy objective, and I don't think as a society that we think about it enough."
Jim Rivait, Alberta vice-president of the Insurance Bureau of Canada, said the province's drivers will now face increased premiums.
"I don't have any doubt that Brooklyn and her parents deserve the support, that she gets the care throughout her life, but I would say it's a government responsibility," Rivait said.
He also worries that the law could invite all kinds of further challenges.
"It wouldn't be that many, but like many things, when you open the door, a lot of people will try and go through," Rivait said.
"We're seeing charter challenges on everything, and why should you be treated differently if you're a disabled child just because you happened to be in a car as opposed to having it happen at home or on the softball field or whatever?"
Alberta's law will be modelled after one in the United Kingdom, and Rivait said his industry will consult with its British counterpart to see what the effect has been there. He estimated that premiums in Alberta will likely rise by at least $2.
Alberta Justice Minister Ron Stevens plans to introduce a bill later this month that would create an exception to current Canadian law. But he cautions the Alberta law will be narrowly restricted to cover children who were hurt in motor vehicle accidents, and the liability will be limited to the amount of the mother's insurance policy.
The move stems from the case of Brooklynn Rewega, who was born with brain damage, blindness and cerebral palsy after her pregnant mother lost control of her car and crashed it.
"If that accident had occurred and any other party was driving or was responsible, there would be a remedy for that child for injuries arising out of the accident," Stevens said Thursday. "What we are doing in the legislation that we will be bringing forward is providing a potential remedy for that child in those circumstances."
It's great news for Lisa and Doug Rewega, who have been lobbying the government for two years on behalf of their daughter, who's now four.
"They're just absolutely thrilled," said the family's lawyer, Rosanna Saccomani.
"They suffer every day with raising a child they love very much, who brings a lot of joy in their life, but there are significant challenges they have to deal with and there's huge significant costs to raising a child with these kinds of disabilities."
Alberta's move was also applauded in New Brunswick, where a similar case went all the way to the Supreme Court. The court ruled in 1999 that women should not be held liable for injuries to a fetus in most cases, but that provincial legislatures could make an exception for motor vehicle crashes because drivers are required to buy insurance precisely to cover such events.
Ryan Dobson of Moncton, N.B., was at the centre of that case. His mother, Cynthia, was pregnant 13 years ago when her car slid into a pickup truck. Ryan was born with cerebral palsy, is virtually unable to speak and has other medical problems.
After losing at the Supreme Court, Cynthia Dobson was left to pay out of pocket for costly therapies for her son.
"I really hope Brooklynn wins this one," said Dobson, who has been following the Rewega case closely. "It's her right. Why they didn't see that at the time of Ryan's case is beyond me."
Dobson said Ryan's lawyers are now looking what, if any, further avenues they can pursue for him. She hopes every province passes the kind of legislation Alberta proposes.
But Joyce Arthur of the Abortion Rights Coalition of Canada said the bill makes her uneasy.
"I'm just worried about the aspect of fetal personhood and how that law could somehow in some way or other be used by the anti-abortion movement to get a foothold on establishing some kind of future restrictions on abortion down the road," Arthur said from Vancouver.
Rebecca Cook, an expert in reproductive health law at the University of Toronto, said any recognition of fetal interests shouldn't be confused with a woman's right to end a pregnancy if she chooses.
"When we're thinking about the protection of prenatal life, we need to think about it in ways that are consistent with the woman's interests," Cook said. "So as long as protecting prenatal life is consistent with a woman's interest, I think it's an extremely important policy objective, and I don't think as a society that we think about it enough."
Jim Rivait, Alberta vice-president of the Insurance Bureau of Canada, said the province's drivers will now face increased premiums.
"I don't have any doubt that Brooklyn and her parents deserve the support, that she gets the care throughout her life, but I would say it's a government responsibility," Rivait said.
He also worries that the law could invite all kinds of further challenges.
"It wouldn't be that many, but like many things, when you open the door, a lot of people will try and go through," Rivait said.
"We're seeing charter challenges on everything, and why should you be treated differently if you're a disabled child just because you happened to be in a car as opposed to having it happen at home or on the softball field or whatever?"
Alberta's law will be modelled after one in the United Kingdom, and Rivait said his industry will consult with its British counterpart to see what the effect has been there. He estimated that premiums in Alberta will likely rise by at least $2.
