Jeannine Godin lived in poverty and relied on social assistance. The Minister of Health and Social Services had been granted custody of her three children for six months, and was applying to extend this for another six months. She applied to legal aid for a lawyer to represent her at the hearing but was denied because legal aid did not cover temporary custody hearings. She applied to the court for an order that funds be provided for a lawyer and asked for a declaration that the restricted eligibility for legal aid violated her rights to life, liberty and security of the person under s.