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Bernard Richard

During public hearings Monday on legislation introduced by the Opposition Conservatives last spring, Bernard Richard said it's "unlikely" the proposed law would have changed the baby's fate.

"In the case of Rodney Miller, who was found guilty and is serving a lengthy prison term for the death of his newborn son, it's hard to imagine the outcome would have been different," said Richard, who is also New Brunswick's ombudsman.

The legislation, sometimes also called a safe surrender or baby drop-off law, would allow a parent to leave their infants at a local hospital emergency room within 72 hours of birth.

No questions would be asked of the parents and no legal action pursued for abandoning the infant. The baby would then be put up for adoption through the Social Development Department.

A more wide-ranging package of measures than a safe haven law needs to be put in place, Richard said.

"I think it's important that we do everything we can to prevent these kinds of circumstances from arising in the first place, including education about pregnancy prevention and making sure resources and services, such as counselling, are available," Richard said.

He also said because New Brunswick's Family Services Act includes "unborn child" in its definition of a child, the province could introduce legislation that would protect unborn children.

The legislature's all-party Standing Committee on Law Amendments, which is reviewing the proposed safe haven legislation, also heard from the New Brunswick Advisory Council on the Status of Women.

Executive director Rosella Melanson said that, while safe haven laws already exists in 50 American states, there is a lack of research that proves its effectiveness in protecting newborns.

"In order to prevent these situations, let's look at the causes: Our high teen birth rate in New Brunswick; lack of access to emergency contraception; reduced access to abortion. Let's look at all of that to prevent as many unwanted pregnancy's as possible," Melanson to the committee.

In a document submitted to the committee, the council said a safe surrender policy should be considered only as part of a more comprehensive plan that addresses unplanned pregnancies and at-risk groups.

However, if the law is adopted, the council made several recommendations to the committee, including that more health professionals - in addition to ER nurses - be designated to receive surrendered infants and that the 72 hour window be extended.

The third witness to address the committee, Sarah Pedersen, acting executive director of the Adoption Council of Canada, voiced strong opposition to the proposed legislation.

"We feel it negates the identity of the child," she said. "The no-questions-asked strategy gives the child no indication of its genetic background and its medical and cultural history."

Pedersen said a formal adoption process ensures accurate documentation of a child's social and medical history and offers mothers counselling and support.

Oromocto Conservative MLA Jody Carr said the Opposition presented the safe haven bill to protect the most vulnerable members of society.

"It's one tool in the toolbox to try and protect the lives of babies," the MLA said. "We've heard some valuable recommendations today to help us build a stronger piece of legislation."