E (Mrs.) v. Eve 2 SCR 388

1986. The Supreme Court of Canada made a decision that guaranteed mentally disabled individuals freedom from involuntary sterilization. The decision was based on the case of E (Mrs.) v. Eve 2, in Prince Edward Island.

The case of E (Mrs.) v. Eve 2, concerned a twenty-four year old woman, Eve, who also had mental disabilities (specifically, aphasia which limited her ability to communicate clearly) (Eugenics Newgenics, 2014). Eve met a mentally disabled man that she wanted to marry. In light of this development, Eve's mother, Mrs. E. went to Prince Edward Island Supreme Court to seek approval on two counts: that Eve be declared mentally incompetent according to the provincial Mental Health Act so that Mrs. E. would be subsequently designed her guardian, and that Mrs. E. could consent to have Eve sterilized via tubal ligation, as her guardian (Starkman, 1981). Such a sterilization would prevent Eve and her husband from having a child together. Mrs. E. argued that Eve was incapable of fully understanding marriage, sexual relations, or caring for a child (Eugenics Newgenics, 2014).

The court refused their request. The case was appealed to the Supreme Court of Canada, which agreed that Eve could not be sterilized for non-medical reasons (Eugenics Newgenics, 2014). This led to Eve's Law, which determines that surgeries on individuals unable to provide consent must only be for the benefit of that person, and not for the benefit of others (Eugenics Newgenics, 2014). It also recognized a disabled woman's right to motherhood, and to autonomy of her own body.

-Colette Leung and Erna Kurbegovic

E (Mrs.) v. Eve 2 SCR 388

1986. The Supreme Court of Canada made a decision that guaranteed mentally disabled individuals freedom from involuntary sterilization. The decision was based on the case of E (Mrs.) v. Eve 2, in Prince Edward Island.

The case of E (Mrs.) v. Eve 2, concerned a twenty-four year old woman, Eve, who also had mental disabilities (specifically, aphasia which limited her ability to communicate clearly) (Eugenics Newgenics, 2014). Eve met a mentally disabled man that she wanted to marry. In light of this development, Eve's mother, Mrs. E. went to Prince Edward Island Supreme Court to seek approval on two counts: that Eve be declared mentally incompetent according to the provincial Mental Health Act so that Mrs. E. would be subsequently designed her guardian, and that Mrs. E. could consent to have Eve sterilized via tubal ligation, as her guardian (Starkman, 1981). Such a sterilization would prevent Eve and her husband from having a child together. Mrs. E. argued that Eve was incapable of fully understanding marriage, sexual relations, or caring for a child (Eugenics Newgenics, 2014).

The court refused their request. The case was appealed to the Supreme Court of Canada, which agreed that Eve could not be sterilized for non-medical reasons (Eugenics Newgenics, 2014). This led to Eve's Law, which determines that surgeries on individuals unable to provide consent must only be for the benefit of that person, and not for the benefit of others (Eugenics Newgenics, 2014). It also recognized a disabled woman's right to motherhood, and to autonomy of her own body.

-Colette Leung and Erna Kurbegovic