The appellant agency sought an order to detain a pregnant woman who was addicted to glue sniffing in a health centre for treatment until the birth of her child, to prevent harm to the unborn child.
The superior court judge granted the order under the court's parens patriae jurisdiction, but it was set aside on appeal.
The Supreme Court of Canada dismissed the agency's appeal, holding that neither the law of tort nor the parens patriae jurisdiction recognizes an unborn child as a legal person possessing rights.
The Court concluded that extending the law to permit the detention of a pregnant woman to protect her fetus would involve major policy changes and complex ramifications that are best left to the legislature.
