Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Killing unborn child in act of birth

• 238 (1) Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being, he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Saving

  (2) This section does not apply to a person who, by means that, in good faith, he considers necessary to preserve the life of the mother of a child, causes the death of that child.