Supreme Court refuses to order confinement of pregnant woman (addiction to solvent fumes).

Winnipeg Child and Family Services v. D.F.G. and Intervenors (Supreme Court of Canada, October 31, 1997)

In a 7-2, decision the Supreme Court of Canada ruled that Canadian courts do not have jurisdiction to order the confinement of a pregnant woman addicted to glue sniffing. In speaking for the majority, Justice Beverley McLachlin concluded that "the common law does not clothe the courts with power to order the detention of a pregnant woman for the purpose of preventing harm to her unborn child."

The case arose due to Ms G's addiction to solvent fumes during her pregnancy with her fourth child. Winnipeg Child and Family Services obtained an order from the Manitoba Court of Queen's Bench in the summer of 1996 that would have confined the woman, known as Ms G, to a health care facility until the birth of her child. Two days later, the order was overturned by …