Man faces first-degree murder charge in Montreal stabbing that left newborn dead

In laying 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 three of breaking his conditions.

According to court documents from a conjugal violence case in June, Ghazi was forbidden from being at the apartment and from seeing his partner without her consent.

Those bail conditions, revoked during his court appearance, stemmed from an assault charge in June against his partner.

Montreal police have said officers responded Sunday evening to a domestic violence call at the woman’s residence.

Ghazi was not there when police arrived and the couple’s two children were sent to stay with a relative.

Montreal police have said the woman didn’t want to leave the home, despite officers insisting she do so.

A neighbour said the woman was yelling and knocking at her door at about 2:30 a.m. Monday and was bleeding from her stomach.

Ghazi approached police near the scene hours after the attack and turned himself in.

He did not enter a plea Tuesday.

“Mr. Ghazi, we’ll discuss further in the coming hours,” lawyer Charles Doucet told his client.

The judge at his arraignment attached new conditions that Ghazi not contact his partner, their children and one other person.

Ghazi remains detained and his case has been put off until Aug. 25.

Sidhartha Banerjee, The Canadian Press

by Canadian Press

Man faces first-degree murder charge in Montreal stabbing that left newborn dead

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