Robert L. Barnes

The appellant was driving while pregnant and was involved in a motor vehicle accident, allegedly due to her negligence.

Her child was subsequently born alive but suffered permanent injuries resulting from the accident.

The child, through his litigation guardian, sued the mother in tort.

The Supreme Court of Canada held that a mother cannot be held liable in tort for damages to her child arising from a prenatal negligent act.

Imposing such a duty of care would result in unacceptable intrusions into the bodily integrity, privacy, and autonomy rights of pregnant women.

Appeal from an order staying the public hearings of a provincial inquiry into a fatal mine explosion while criminal proceedings against certain mine managers were pending.

The Court held that the inquiry served a legitimate and pressing public purpose, and that the accused managers were compellable witnesses subject to constitutional protections against use of their testimony and derivative evidence.

The Court rejected a broad stay as the appropriate remedy for anticipated prejudice, emphasizing that fair trial concerns from publicity ordinarily should be addressed through narrower measures such as publication restrictions and by the commissioner in the first instance.

The appeal was allowed and the stay of the public hearings was set aside.