DURHAM — After the man who murdered their pregnant daughter was sentenced May 2, the family of Arianna Goberdhan found little comfort in the court’s decision.
Nicholas Tyler Baig pleaded guilty to murdering his wife, who was nine months pregnant at the time of her death. The attack also caused the death of her unborn child, who was to be named Asaara. He was sentenced to life in prison without the possibility of parole for 17 years.
“To me, he has no remorse,” says Arianna’s mother, Sherry. “We will never get our daughter back. Domestic violence cases come up so often to the court, at least if he got a longer sentence, it would have been a deterrent.”
Baig was not charged for the death of his daughter as no law exists regarding the death of unborn children as a result of murdering a pregnant woman.
“It’s not sufficient,” says Alexandra Macgregor, one of Arianna’s best friends. “That’s two lives he took. He should be in prison for the rest of his life.”
The courtroom was filled with family and friends of the Goberdhan family, who wore shirts with Arianna’s image on the front and the name of a new campaign inspired by her, the Phenomenal Women Project. The project aims to push for new legislation holding those who kill pregnant women accountable for the deaths of both mother and child.
After the sentencing, a rally was held outside of the Durham Region courthouse in Oshawa. Protesters included friends of the victim and family, her parents and other family members as well as supporters.
Brij Goberdhan, Arianna’s uncle, reprimanded the court’s decision to not increase Baig’s parole ineligibility to the Crown’s requested 20 years.
“Who do we ask for justice from?” he asked the crowd during a heated speech. “If there’s any chance for appeal, I’m asking for this. We did not get justice.”
Protesters chanted: “End domestic violence now, break the silence now” as they held up signs that read Justice For Baby Asaara and The Baby Matters Too, to name a few. They also urged bystanders to sign an online petition to urge the federal government to change the laws regarding the murder of pregnant women.
Jeff Durham was one of the supporters in attendance at the rally. In 2014, Durham's pregnant wife and daughter were murdered, prompting a push for a private ember's bill called Cassie and Mollie's law.
The bill did not pass.
“There were no charges for Molly, our daughter,” says Durham. “There’s no law because it’s been seen as a political liability by politicians.”
In the past, the Abortion Rights Coalition of Canada said the bill demonstrated a Conservative “anti-abortion agenda.”
“This has nothing to do with abortion, it’s (about) a mother’s right,” says the victim’s sister, Carissa. “Knowing that my sister was nine months pregnant, for the judge to not consider my niece a victim as well, it’s heartbreaking.”
While family and friends mourn their loss, there remains hope The Phenomenal Women Project will inspire change in the current legal system and recognize both mother and child in the case of pregnant murder victims.
“Our focus now is to make sure that we try to change the law to get justice for our granddaughter,” says Sherry, adding she is hopeful legislation will change in the future.
“I believe my sister’s looking down and she’s going to to something about it,” says Carissa.
— With files from Jeff Mitchell
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