Jehovah's Witness parents challenged Ontario child protection legislation after their premature infant was made a temporary ward of a children's aid society so that doctors could administer a blood transfusion deemed medically necessary.
The appeal raised whether the statutory scheme infringed parental liberty under s. 7 and freedom of religion under s. 2(a) of the Charter.
A majority held that any s. 7 deprivation was either not established or was in accordance with the principles of fundamental justice, and that the infringement of freedom of religion was justified under s. 1 in light of the pressing objective of protecting children at risk.
The Court also dismissed the cross-appeal concerning the unusual costs award made against the Attorney General of Ontario.
