Daigle v. Tremblay

[1989] 2 S.C.R. 530 (1989)

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Daigle v. Tremblay

Canada Supreme Court
[1989] 2 S.C.R. 530 (1989)

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)

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