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JG v. Minister of Health and Community Services of New Brunswick (1999)


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The Supreme Court of Canada ruled that New Brunswick's failure to provide legal aid in child wardship cases violate the Charter rights of a poor woman. J.G, a New Brunswick woman, appealed a lower court decision that denied her legal aid when a social services agency applied for an extension to temporary wardship of her three children. This case examined women's need for legal representation.

LEAF argued that the state's failure to pay for legal representation for parents in temporary wardship cases is unconstitutional and, therefore, a failure to provide access to justice for the poor. This decision was a significant victory for women in Canada, who are most likely to be involved in child custody hearings.

The Supreme Court recognized that this case raises issues of gender equality because women, and especially single mothers, are disproportionately affected by child wardship proceedings.


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Supreme Court of Canada Decision (1999)