The Minister of Health and Community Services sought to extend an order granting him custody of the appellant's three children.
The appellant, an indigent parent, was denied legal aid for the custody hearing because the provincial guidelines did not cover custody applications.
The Supreme Court of Canada held that the state's removal of a child from parental custody constitutes a serious interference with the psychological integrity of the parent, engaging the right to security of the person under section 7 of the Charter.
The Court concluded that in the circumstances of this case, the appellant's right to a fair hearing required that she be represented by counsel, and the government's failure to provide state-funded counsel violated section 7.
The infringement was not saved by section 1.
