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Tremblay v. Daigle

[1989] 2 SCR 530 Court SCC Decision date 1989-11-16 Docket 21553 English

PartiesChantal Daigle Appellant·Jean-Guy Tremblay Respondent·The Attorney General of Canada Interveners·the Attorney General of Quebec Interveners·the Canadian Abortion Rights Action League (CARAL) Interveners·the Women's Legal Education and Action Interveners·Fund (LEAF), the Canadian Civil Liberties Interveners·Association, the Campaign Life Coalition Interveners·the Canadian Physicians for Life Interveners·the Association des médecins du Québec pour le respect de la vie, and the REAL Women of Canada Interveners

Judges Dickson, Robert George Brian; Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley

Delivered by Majority

On appeal from Quebec

Subjects Civil law Civil procedure Constitutional law

Contents

The following is the judgment delivered by

Every human being has a right to life, and to personal security, inviolability and freedom.
He also possesses juridical personality.
Every human being whose life is in peril has a right to assistance.
Every person must come to the aid of anyone whose life is in peril, either personally or calling for aid, by giving him the necessary and immediate physical assistance, unless it involves danger to himself or a third person, or he has another valid reason.
Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association.
Every person has a right to the safeguard of his dignity, honour and reputation.
Every person has a right to respect for his private life.
Every person has a right to the peaceful enjoyment and free disposition of his property, except to the extent provided by law.
A person's home is inviolable.
No one may enter upon the property of another or take anything therefrom without his express or implied consent.
Every person has a right to non‑disclosure of confidential information.

Footnotes

  1. [1] *Reasons delivered November 16, 1989.