October 31, 1997 - Treatment pf Pregnant Women

Human Rights a Day

The Supreme Court of Canada refuses to force treatment on glue-sniffing pregnant woman. “Ms. G” was so addicted to glue sniffing that she was deemed unable to care for her children. All three of them were taken into custody by Winnipeg Child and Family Services and two were permanently disabled due to her addiction. In August 1996, while five months pregnant with her fourth child, a Manitoba judge ordered Ms. G placed in the custody of the director of the Manitoba Child and Family Services, where she was put into a hospital. Two days later the judge’s order was overturned, yet the mother stayed in the hospital until discharged and stayed clean until the birth of her child, which she was allowed to raise. While previously the Supreme Court of Canada said an unborn child does not have legal rights, could they consider placing the mother into custody in order to protect the health of the child? In a seven-to-two decision, the Supreme Court of Canada decided they could not. Numerous organizations were granted leave to have their say in this controversial case, from religious associations to abortion rights organizations, other family services agencies and the Canadian Civil Liberties Association, among others. On October 31, 1997, the top court upheld the right of a woman to refuse treatment, and reaffirmed earlier decisions not to grant an unborn child legal protection. Until a child is born, the government has no one to protect. The justices said it was up to Parliament to make such moral decisions. The two dissenting justices stated that the “born alive” rule in previous cases must be set aside in this case and where it makes sense in future cases.