Alberta has become the first province in Canada to enact legislation allowing children to sue their mothers for injuries suffered in the womb. But the law applies only to damage suffered in car accidents.
In a ruling six years ago, the Supreme Court of Canada said a child can't sue its mother for damages suffered in the womb. But the ruling also left a small and very narrow loophole, saying provinces could allow a child to sue its mother, but only in the case of a car accident.
Alberta is now the first province to allow this.
"Had the father been driving, the suit could have been against the father," said Shannon Haggerty of the Alberta Justice Department. "But since the mother was at fault in that case, there was no ability for the child to go after the mother. So this will allow for the mother to also be part of that scope."
Other are worried the legislation could open the door to infringement of women's right, such as "suing a woman for causing brain damage in her fetus because she drank or smoked during her pregnancy," said Joyce Arthur of the Abortion Rights Coaltion. "And of course the anti-abortion groups could exploit the law as well."
I know that there was a thread on this, but I can't seem to find it.