OTTAWA (CP) - Brenda Drummond has spent the last month in a psychiatric hospital accused of shooting her son in her womb.
The mother of two daughters seems far removed from a debate about her case, which could set an important legal precedent.
Her lawyer appears in court today in nearby Smiths Falls to set a date for a time when he can argue that the attempted murder charge against his client should be thrown out because a fetus is not a human being.
"There's no offence," says Lawrence Greenspon, who will not be accompanied in court by Drummond, 28, a postal worker.
Crown attorney John Waugh maintains the case will "raise important issues on what we mean by human being, child and fetus."
Medical lawyers can't agree on the law. A few previous judgements are confusing and contradictory, an indication of the skittishness of courts and governments on the subject.
Drummond is accused of trying to kill her son with a pellet gun on May 28 - two days before she gave birth alone in the bathroom of her home in Carlteon Place, about 40 kilometres west of Ottawa.
Jonathon Drummond is in stable condition on hospital where he's been since a lead pellet was removed from his brain June 2.
Prof. Tim Caulfield, a medical lawyer at the University of Alberta in Edmonton, says the charge against Drummond can't stick.
"There is no legal status for a child in utero," he says.
"Having said that, it's still viewed as unique. The law also says that while it's perhaps not human, it is something special because of its potential to become a human."
Prof. Bernard Dickens, a medical law expert at the University of Toronto, has a completely opposite interpretation of the law.
He has said action on an unborn child that results in a baby's death, or was intended to cause death, is indictable as homocide or attempted murder.
"What matters is that the child was born alive and therefore became a human being."
Under Sextion 223 of the Criminal Code, a child becomes a human being after it has completely left the mother's body. Because Drummond's child was still in the womb, her lawyer says there's no victim.