Windsor Star

‘Charges in this case don’t represent what happened’

Group wants Criminal Code to recognize fetus as a victim

- DAVE BATTAGELLO dbattagell­o@windsorsta­r.com

The father of an unborn child who died when her mother was killed last December was among the family members who handed over 14,000 signatures Thursday to MP Brian Masse (NDP — Windsor West) hoping to get the criminal code changed to count the baby as a victim.

Jeff Durham helped gather the signatures on the petitions for the campaign known as Molly Matters — named after the unborn child Durham shared with Cassandra Kaake, 31, who was seven months pregnant when she was found dead at the scene of a house fire on Dec. 11, 2014.

The petition was presented to Masse Thursday — on the eve of the first anniversar­y of Kaake’s death.

Matthew Brush is facing several charges, including first-degree murder, in the mother’s death.

Durham and other family members have also wanted justice for the unborn child who under the Criminal Code is not counted as a victim.

“Whether you are an unborn child or full-grown woman — life is life,” Durham told the Star earlier this year.

“The charges in this case don’t represent what happened.”

Politician­s in Canada have backed off from supporting the legislativ­e change previously due to fears of creating a slippery slope that may make women liable should they choose to end their pregnancy through abortion.

Masse plans to table the petitions early in the new year in the House of Commons.

Minister of Justice Jody Wilson-Raybould will then have to provide an official response.

“It’s a complicate­d issue, but the petitions will be submitted and we will wait for the government’s response,” Masse said.

“It’s a significan­t tragedy and the family’s efforts have been understand­able.

“There are no words to console them in this situation.”

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BRANCACCIO/WINDSOR STAR ?? Darlene Dunn Mahler holds a petition Thursday delivered to the office of Windsor-West MP Brian Masse. The campaign wants the Criminal Code to include unborn children as victims after the 2014 death of Cassandra Kaake, in bottom left photo, who was...
NICK BRANCACCIO/WINDSOR STAR Darlene Dunn Mahler holds a petition Thursday delivered to the office of Windsor-West MP Brian Masse. The campaign wants the Criminal Code to include unborn children as victims after the 2014 death of Cassandra Kaake, in bottom left photo, who was...

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