Man charged with murder in death of newborn

• A Montreal man was charged Tuesday with the first-degree murder of a newborn as well as seven other counts, including attempted murder in the stabbing of his pregnant wife.

Sofiane Ghazi, 37, allegedly stabbed his eight- month pregnant wife, Raja, early Monday in an apartment.

The woman was still recovering Tuesday, but the baby died in hospital shortly after being delivered by emergency C-section.

Prosecutor Anne Aube says a person can be charged with a homicide by causing injury to a child before or during its birth, which results in the child’s death after becoming a human being.

In l aying a homicide charge, prosecutors were guided by Sec. 223 of the Criminal Code which outlines when a baby is considered a human being.

“There are different criteria to (being considered) a human being, but essentially it’s to be alive,” Aube told reporters.

According to the code, a child is considered a human being regardless of whether it has breathed, has independent circulation or whether the umbilical cord has been cut. Aube says the Crown consulted jurisprudence — none exactly similar to the case currently before the courts — before proceeding with the charge.

“I think its very rare, it’s not often that this situation happens,” Aube said.

Ghazi also faces charges of vehicle theft, uttering threats, armed robbery and breaking his conditions. His case has been put off until Aug. 25.

According to Montreal police, the victim called 911 late Sunday night to report a case of conjugal violence. Ghazi was gone by the time they arrived, but police urged the victim stay with relatives or even in a shelter. The 33- year- old woman agreed to allow her two children to stay with relatives but wanted to stay home. Police completed a report and said they would be filing charges. Police alleged Ghazi returned about four hours later.