Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 19, 1997, Winnipeg, Manitoba Winnipeg free june 1997 a5 High court frets Over sniff Case i charter rights for unborn an chief Justice says Canadian press Ottawa the supreme court of Canada struggled yesterday with the murky question of where to draw the line when it comes to forcing a pregnant woman to look out for the interests of her unborn the landmark Case involves a pregnant Winnipeg woman whom child welfare authorities tried last year to Force into a treatment program for a solvent sniffing the known Only As had her baby about six months ago and it appears to be so the Case does it directly affect her Shes now pregnant and her lawyers say she has kicked her habit of sniffing solvents such As Nail polish but More than a dozen lawyers gathered in Ottawa to intervene in the matter that has become a Legal and ethical test of the limits of state intervention in More than half of the nine justices expressed reservations Over if limits the courts can Force on preg Nant women without violating their rights under the charter of smoking or drinking if limits on Freedom can be imposed for sniffing can they also be imposed for smoking or drinking and How much would warrant intervention can a pregnant woman work in a place where theres a lot of smoke asked chief Justice Antonio who said he was worried about the potential Slippery slope of the court stepping int there another Way implored Justice Claire parliament and most provincial governments have stayed away from the Issue of whether lawmakers can step in to protect an unborn Only new Brunswick and the Yukon allow court orders to Force pregnant women into last when was five months pregnant with her fourth she was forced into treatment by Winnipeg child and family she had already sur rendered her three other children to government two of them Are mentally and physically handicapped As a result of her drug a lower court upheld the but the treatment order was overturned by an Appeal court that ruled its up to not the court to act on the the family services Agency then took the Case to Canadas High Golden Rule Heather the lawyer representing the asked the court to come up with a Golden Rule for when the state can she suggested the bar be set at behaviour that could cause great irreparable harm to an unborn lawyers also argued whether a fetus has rights and if they override those of the Mother As intervenor representing religious and civil lib erties groups lined up to make their although abortion is not illegal in the charter of rights provides for the Protection of a baby injured while in the lamer said charter rights for unborn children Are an element of the its a Blunt assertion that we dont care about a fetus until it becomes a he told Beth lawyer for the Canadian abortion rights action Symes argued that the overriding Issue before the court is a woman right to do what she wants with her doctors making House Calls pm phone 7864444 not for life threatening 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