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The Case of Tremblay Versus Daigle - Report Example

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This report "The Case of Tremblay Versus Daigle" examines the case that involved Ms. Chantal Daigle as the appellant and Mr. Jean-Guy Tremblay as the respondent. Their relationship ended after because of the beating which Tremblay used to hand Daigle, despite knowing of her pregnancy. …
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The Case of Tremblay Versus Daigle
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Download file to see previous pages At the time of separation, the appellant was 18 weeks pregnant. She, however, decided to undertake an abortion following the separation. The respondent sought an injunction from the court seeking to prevent the mother from having the abortion. The father of the unborn child wanted the court to grant his unborn child the right to life. The trial judge in this court found that a fetus is a "human being" under the Quebec Charter of Human Rights and Freedoms. He, therefore, concluded that the fetus should be accorded a "right to life" under s. 1 (Tremblay, para. 2).
By considering this, the judge ruled that the respondent had the necessary “interest” to make the request for an injunction. The Quebec charter of human rights and freedoms provides for the protection of a fetus before birth (Art. 945). In this article, mechanisms for the protection of a fetus are provided. The article does not, however, accord any additional rights and freedoms to the fetus. The Supreme Court considered these facts before rendering a decision on the appeal.
The Anglo- Canadian law does recognize a fetus to be a “human being” with the aim of protecting its future. It, however, goes ahead to define that the rights and freedoms enjoyed by humans can only be accorded to a fetus when it is born alive. This meant that the fetus had to be born first for it to enjoy the privileges enjoyed by other “humans”. The father at this point was seeking to protect the unborn baby. The fetus is not in a position to defend itself in a court of law. The protection of a fetus can only be done by a third party who has an interest in the future of the baby. The lower court based its ruling on the fact that the father had an interest in the baby and was acting as a third party to protect the fetus.
The ruling by a lower court awarding the respondent in this Supreme Court case injunction is what led to the appeal.  ...Download file to see next pagesRead More
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