Wagantall bill dead with 209-76 HOC vote

Yorkton’s Member of Parliament is disappointed her first private member’s bill has been defeated in the House of Commons and is upset the government whipped the vote.

Shortly after assuming office in Ottawa, Cathay Wagantall took on the cause of Jeff Durham, who lost his partner Cassandra (Cassie) Kaake and unborn daughter Molly in a senseless murder in December 2014.

Wagantall and Durham believe legislation is required to make it a separate crime to harm or kill a fetus when an attack is made on a pregnant woman. Initially, the MP felt there was significant non-partisan support among Liberals for Bill-C225 (Molly and Cassie’s Law). She was also buoyed by a public opinion poll commissioned by her office, that indicated widespread public support for the bill.

But as the bill made its way through the system, the government solidified a position that the law was unnecessary and constitutionally problematic. A letter to a constituent from the Parliamentary office of Ralph Goodale, minister of public safety and Saskatchewan’s only Liberal MP, outlined the government opinion.

“The government cannot support Bill C-225 for several reasons, including that it fails to address the broader issue of violence against women and would likely be challenged under the Charter,” Goodale wrote. “We recognize that the criminal law strongly condemn and hold fully accountable those who perpetrate violence against others, particularly against those more vulnerable to violence, including pregnant women.”

The bill was immediately controversial because of the abortion issue. The NDP and dozens of pro-choice organizations around the country opposed it as a back door to reopening the debate on abortion.

Wagantall, who is pro-life and Durham, who is pro-choice, insist that is not true, but the bill failed in a vote of 209-76.

Durham, along with members of the Kaake family, was in the House of Commons for the vote.

“Nancy, Cassie’s mother, and I put together what money we could to come to Ottawa to meet with Liberal MPs in an effort to build a dialogue and show them why this bill was needed,” Durham said. “It was profoundly difficult. There are families who had to do this before us, and it is disturbing to imagine that now there will be others who will have to do it again. The outcome has disappointed us beyond words.”

Wagantall was critical that the government would not free its members to vote their conscience.

“Violence against women is a pressing issue, and it is disappointing that the government wouldn’t put partisanship aside to support a Private Member’s Bill that took one step towards preventing tragedies, denouncing violence and supporting victims.”

Goodale’s office did not directly address whether this particular vote was actually whipped giving only a generic response.

“The government is honouring its platform commitment that for members of the Liberal Caucus, all votes will be free votes with the exception of: those that implement the Liberal electoral platform; traditional confidence matters, like the budget; and those that address our shared values and the protections guaranteed by the Charter of Rights and Freedoms,” wrote Scott Bardsley, a spokesperson for the minister.

Matthew Brush has been charged with first-degree murder in Kaake’s death. His case is now before the courts. Pregnancy can be considered as an aggravating factor in sentencing.