The appellant, a lesbian, challenged the constitutionality of federal regulations governing semen donation for assisted conception, arguing they discriminated against women using known donors who were not spouses or sexual partners.
Before the application was heard, the appellant successfully self-inseminated and the government amended the regulations, leading the application judge to dismiss the case as moot.
The Court of Appeal upheld the mootness finding and declined to hear the Charter issues as a court of first instance.
However, the Court granted a motion to add another woman in the same situation as a party and remitted her application to the Superior Court for an expedited hearing on the constitutional issues.
