Nature of the Proceeding and Judges Writing Decision:
The nature of this case is an appeal of a case originally from the Manitoba Court of Appeal, and was brought forward to the Supreme Court of Canada. The judges writing the majority decision were Lamer C.J., La Forest, L’Heureux-Dube, Gonthier, Cory, McLachlin and Iacobucci. The two dissenting judges were Sopinka and Major JJ. The original trial judge was Schulman J.
Facts:
A woman, who was five months pregnant at the time of trial, was sued by Winnipeg Child and Family Services for custody of the child, and was ordered to be placed into care at the Health Sciences Centre due to the fact that her glue sniffing addiction could potentially harm the nervous system of her unborn child. The woman had three other children at the time, two of which were born with disabilities due to her glue sniffing addiction. The superior court judge presiding determined the case fell under the court’s parens patriae jurisdiction. However, two days later the order was stayed, and set aside on appeal. The Manitoba Court of Appeal eventually decided to allow the appeal of the strike down of the original sentencing by Schulman, and the respondent must refrain from from consuming intoxicating substances and avoid due harm to her unborn child.