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.
