Rights and Freedoms

Eve was a 24-year old woman who was mildly to moderately developmentally

disabled. Her condition, know as "expressive aphasia," prevented her from outwardly

expressing herself. Do to her condition it was very difficult to determine her level of

understanding. Eve's mother worried that her daughter might become pregnant and that

she would have to care for Eve's child. She applied to the court for a declaration that Eve

was mentally incompetent and for an authorization to have Eve irreversibly sterilized.

Dickinson, Gregory et al. Understanding the Law. 2nd ed. Toronto, ON: McGrawHill

Ryerson, 1996.

1. What would be an argument on behalf of Eve and also on behalf of Eve's mother using

section 7 of the Charter.

2. Explain a judgement in this case. Support your decision. Consider whose rights are

involved in this issues and how they are balanced.

3. Do you believe that the law should prevent mentally incompetent people from having

children? Explain your answer using the Major Themes from Catholic Social

Teaching