During the childbirth, which took place in a home rather than a hospital, the mother's contractions stopped after the child's head appeared.

The midwives tried to induce further contractions but failed, and after the mother was bruised, she was taken to a hospital, and the child was removed from her but was not alive.

Meanwhile, the midwives alleged that it was REAL Women, and not the government, that primarily saw the fetus as a person and drove the issue.

The majority of the Supreme Court replied the Crown pursued the issue with its own belief that if a fetus is not a component of its mother's body, it must be a person.

The majority opinion, written by Chief Justice Antonio Lamer, addressed the definition of a person under the Criminal Code.