Janet E. Minor

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.

The appellant, a federally incorporated board, appealed a decision finding it subject to the Ontario Human Rights Code.

The Supreme Court of Canada dismissed the appeal, holding that the board is not operating under the Peace, Order and Good Government clause or the trade and commerce power, and is therefore subject to provincial human rights legislation.

The Court also rejected the appellant's argument that res judicata deprived the Commission of jurisdiction, as the human rights complaints were not the same cause of action as earlier proceedings before the Federal Court.