J.S.C. and C.H.C. v. Wren

• Judge: Laycraft, C.J.A., Kerans and Hetherington, JJ.A.
• Citation: (1986), 76 A.R. 115 (CA)
• Court: Court of Appeal (Alberta)
• Date: 31 December 1986

J.S.C. v. Wren (1986), 76 A.R. 115 (CA)

MLB headnote and full text

J.S.C. and C.H.C v. Wren

(No. 18867)

Indexed As: J.S.C. and C.H.C. v. Wren

Alberta Court of Appeal

Calgary Civil Sittings

Laycraft, C.J.A., Kerans and Hetherington, JJ.A.

December 31, 1986.

Summary:

A 16 year old girl decided to have an abortion against the wishes of her parents. The parents applied for an injunction to restrain the doctor from performing the abortion.

The Alberta Court of Queen's Bench, in a judgment reported at paragraphs 18-24 below, dismissed the application. The court held that girl was capable of giving an informed consent to the abortion; therefore, there was nothing to enjoin. The parents appealed.

The Alberta Court of Appeal dismissed the appeal.

Infants - Topic 804

Parents of - Parental control - Scope of - The Alberta Court of Appeal held that parental rights exist until a child reaches the age of majority - However, the court held that courts exercised increasing restraint in enforcing parental control as a child aged - Where a child had sufficient intelligence and understanding to make her own decisions, then the courts should not interfere by substituting the wishes of her parents.

Injunctions - Topic 699

Granting an injunction - Considerations - Actionable conduct - Requirement of - A 16 year old girl decided to have an abortion against her parents' wishes - The parents unsuccessfully applied for an injunction to restrain the doctor from performing the abortion - The Alberta Court of Appeal affirmed that the court should not interfere by substituting the parents' wishes for the girl's, where she had sufficient intelligence and understanding to make her own decision - Therefore, the court held that since the girl was capable of giving an informed consent to the abortion, there was no "illegal assault" to enjoin.

Cases Noticed:

Gillick v. West Norfolk and Wisbech Area Health Authority and another, [1985] 3 All E.R. 402, refd to. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 251 [para. 21].

Counsel:

D. Kolody, for J.S.C. and C.H.C.;

No one appearing for Dr. Frances Wren;

John F. Stodalka, for A.C.

This appeal was heard on December 31, 1986, before Laycraft, C.J.A., Kerans and Hetherington, JJ.A., for the Alberta Court of Appeal.

On December 31, 1986, the judgment of the Court of Appeal was delivered and the following oral memorandums of judgment were delivered from the bench:

Laycraft, C.J.A. - paragraph 1;

Kerans, J.A., for the court - paragraphs 2 to 17.