Wikipedia:

E. (Mrs.) v. Eve

E. (Mrs.) v. Eve, [1986] 2 S.C.R. 388 is a judgment by the Supreme Court of Canada. It dealt with the issues of a mother that wants to have the consent of the court for sterilization of her mentally retarded daughter who also suffered from a condition that makes it extremely difficult for her to communicate with others.

In the decision, Justice LaForest stated:

Since, barring emergency situations, a surgical procedure without consent constitutes battery, it would be obvious that the onus of proving the need for the procedure is on those who seek to have it performed.

See also

External links

  • Full text of Supreme Court of Canada decision at LexUMand CanLII

 
 
 

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