In the case of Mrs. E. v. Eve, Section Seven of the Charter, which entails life, liberty and security of the person, was seen as a vio

lation to the rights of Eve. Mrs. E. wanted permission to give consent to the sterilization of her daughter Eve, because she was mentally challenged, which made it hard for her to communicate, and Mrs. E. thought that she would have to take responsibility if Eve were ever to become pregnant (Supreme Court records). Mrs. E.’s application to the Supreme Court of Prince Edward Island was successful, thus Eve appealed to the Supreme Court of Canada after the court made Eve a ward of the Court pursuant to the Medical Health Act solely to permit the exercise of the parens patriae jurisdiction (Supreme Court Records). The parens patriae jurisdiction entails that when there is no guardian, the Court will take full guardianship, but the decision made under this jurisdiction should be made for the benefit of the person (Supreme Court Records). Sterilization should never be authorized for non-therapeutic purposes under the parens patriae jurisdiction (Supreme Court Records). There was no consent given by Eve, so it could not be determined that sterilizing her would benefit her because the intrusion of her rights and the ensuing physical damages outweighed the advantages of sterilizing her, which creates a lack of jurisdiction in this case (Supreme Court Records). Through the judicial reasoning of the parens patriae jurisdiction and the sterilization of a person, the Supreme Court of Canada cleared the grey area in the case of Mrs. E. v. Eve by upholding the rights of Eve, under section seven of the charter, and upholding the limitations of the parens patriae jurisdiction.

The Supreme Court interprets grey areas through judicial reasoning of many and differe

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