Ont. woman’s right to choose place of birth stands; SCOC won’t hear appeal

TORONTO – Canada’s top court has declined to hear an appeal in a case involving an Ontario woman’s right to choose where to have her baby.

The case was prompted by a mother who left Canada when she was seven months pregnant.

After the baby was born in California, the father started custody proceedings in Ontario.

He said he had believed she would be coming back to the province to raise the child.

Initially, Ontario’s Superior Court agreed the custody dispute should be heard in the province, saying what the mother had done was tantamount to kidnapping.

The Ontario Court of Appeal quashed that ruling, finding California courts should decide the custody issues — something the Supreme Court of Canada decision now lets stand.