E (Mrs) v Eve
E (Mrs) v Eve, [1986] 2 S.C.R. 388 is a judgment by the Supreme Court of Canada regarding a mother's request for the consent of the court to have her disabled daughter sterilized. This was a landmark case which is influential in Canadian legal decisions involving proxy-consented, non-therapeutic medical procedures performed on people of diminished mental capacity.
E (Mrs) v Eve | |
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Supreme Court of Canada | |
Hearing: June 4–5, 1985 Judgment: October 23, 1986 | |
Full case name | Eve, by her Guardian ad litem, Milton B. Fitzpatrick, Official Trustee v. Mrs. E. |
Citations | [1986] 2 S.C.R. 388 |
Docket No. | 16654 |
Prior history | Judgment for Mrs. E. in the Court of Appeal for Prince Edward Island. |
Ruling | appeal allowed |
Holding | |
A proxy decision-maker cannot consent to the non-therapeutic sterilization of a mentally incompetent person. | |
Court membership | |
Reasons given | |
Unanimous reasons by | La Forest J. |
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