Norm Cuddy

A 14-year-old Jehovah's Witness was apprehended by child protection services after refusing a potentially life-saving blood transfusion.

The applications judge ordered the transfusion under s. 25(8) of the Child and Family Services Act, which allows a court to authorize treatment in the best interests of a child under 16.

The adolescent appealed, arguing the legislation violated her Charter rights by irrebuttably presuming she lacked capacity to make medical decisions.

The Supreme Court of Canada dismissed the appeal, holding that the legislation is constitutional when the 'best interests' standard is interpreted as a sliding scale that gives increasingly determinative weight to the young person's views depending on their maturity.

The appellant's newborn child was apprehended by the respondent child and family services agency at the hospital without a warrant, pursuant to s. 21(1) of the Manitoba Child and Family Services Act.

The appellant challenged the constitutionality of the provision, arguing that warrantless apprehension in non-emergency situations violates the right to security of the person under s. 7 of the Charter.

The Supreme Court of Canada held that while the apprehension of a child infringes the parent's right to security of the person, the infringement accords with the principles of fundamental justice.

The Court found that requiring prior judicial authorization in non-emergency situations would place an unacceptable risk on the child, and that a prompt, fair post-apprehension hearing provides sufficient procedural protection.