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C v Wren (1986), 35 DLR (4th) 419 (Alta CA)

Facts:

About the competency of the expectant mother to consent to the proper procedure: 16-year old girl became pregnant by her boyfriend while living at home. She moved out of her home, and saw a physician to see about getting an abortion. Her parents sued the doctor.

Issue(s):

Was the 16-year old girl capable of giving informed consent?

Ratio:

Age is not a barrier to consent; all that matters is that the person is able to understand the risks and benefits of treatment.

Analysis:

Kerans J: Parental rights to control their child diminish as the child ages and becomes capable of making his or her own decisions (the "age of discretion")

Holding:

Decision in favour of doctor.


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