"Baby R" (1988)

Download LEAF memorandum of argument:

In 1987, officials from the B.C. social services ministry secured an order to apprehend a fetus several hours before its birth, after the mother refused to consent to a caesarian section. Ministry officials claimed that the fetus was "a child in need of protection". They attempted to continue the apprehension following the birth and retain custody of the child. "Baby R."'s mother opposed the action first in provincial court and then in the B.C. Supreme Court.

LEAF intervened in the case arguing that the term "child" in the Act does not include a fetus and that apprehension of a fetus violates the rights of women protected in sections 7, 15 and 28 of the Charter. The BC Supreme Court ruled that the fetus was not a child and thus not subject to apprehension by the provincial government.