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Tremblay v Daigle
Supreme Court of Canada
Hearing: August 8, 1989 Judgment: November 16, 1989
Judgment for Mr. Tremblay in the Quebec Court of Appeal.
Holding
A fetus does not have a right to life under the Quebec Charter of Human Rights and Freedoms or the Civil Code of Quebec; there is no precedent for a man's right to protect his "potential progeny"
Court membership
Chief Justice: Brian Dickson Puisne Justices: Antonio Lamer, Bertha Wilson, Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin
Reasons given
Unanimous reasons by
The Court
Tremblay v Daigle [1989] 2 S.C.R. 530, was a decision of the Supreme Court of Canada in which it was found that a fetus has no legal status in Canada as a person, either in Canadian common law or in Quebec civil law.[2][3] This, in turn, meant that men, while stating they are protecting fetal rights, cannot acquire injunctions to stop their partners from obtaining abortions in Canada.
^SCC Case Information - Docket 21553 Supreme Court of Canada
^Canadian Supreme Court. 8 August 1989. Supreme Court Judgment: Tremblay v. Daigle
^Dunsmuir, Mollie. 1991 Reviewed 18 August 1998 Abortion: Constitutional and Legal Developments Library of Parliament, Research Branch, Law and Government Division. Current Issue Review 89-10E.
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