Daigle v. Tremblay
Canada Supreme Court
[1989] 2 S.C.R. 530 (1989)
- Written by Kelly Simon, JD
Facts
After living together for five months, Chantal Daigle (defendant) and Jean-Guy Tremblay (plaintiff) separated. At the time of the couple’s separation, Daigle was 18 weeks pregnant and intended to have an abortion. Tremblay successfully obtained an interlocutory injunction from the Quebec Superior Court, preventing Daigle from having the procedure. The trial court judge concluded that a fetus was a human being pursuant to and protected by the Quebec Charter of Human Rights and Freedoms (the charter) and that the fetus possessed a right to life. Additionally, the court recognized that Tremblay had a right, as a potential father, to prevent Daigle from aborting his future child. Daigle appealed. The court of appeal upheld the injunction. Daigle then appealed to the Canada Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 826,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 991 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
