E. (Mrs.) v. Eve

From Wikipedia, the free encyclopedia

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.