Dobson (Litigation Guardian Of) V. Dobson - Commentary

Commentary

Although this case did not address abortion in Canada, Professor Rand Dyck in a discussion on security of person notes the decision bears some parallels with Tremblay v. Daigle (1989). In that case, the Court found a man cannot acquire an injunction to stop his partner from having an abortion. Here, a woman was not legally responsible for fetal injuries.

While the Canadian Charter of Rights and Freedoms applies only to government actions, one scholar cites Dobson as an example of how "the courts have undoubtedly promoted flexible Charter values in private law cases since 1982." Conversely, the Human Rights Program under the Department of Canadian Heritage once suggested that Dobson partly illustrates how the International Covenant on Economic, Social and Cultural Rights influences Canadian law. Specifically, Dobson reflects article 10 of the Covenant, "Protection of the Family, Mother and Child." Other cases said to reflect that article include Augustus v. Gosset (1996), Winnipeg Child and Family Services (Northwest Area) v. G. (D.F.) (1997), and New Brunswick (Minister of Health and Community Services) v. G.(J.) (1999).