MalahatTwo7
04-12-2005, 05:09 PM
Jehovah's Witness girl loses court fight over transfusion
Damian Inwood CanWest News Service Tuesday, April 12, 2005
VANCOUVER -- A 14-year-old Okanagan girl who says receiving a blood transfusion would be like being raped has lost her fight against the treatment.
B.C. Supreme Court Judge Mary Boyd ruled Monday that a lower court had the power to authorize transfusions be given to the Jehovah's Witness member against her will.
Boyd found that provincial court Judge Paul Meyers was "considered, thoughtful and sensitive" in ensuring the child, who is undergoing cancer treatment, had a fair hearing March 18.
She said doctors needed the "safety net" of having a blood transfusion available to continue with a more invasive form of chemotherapy.
Meyers acted properly and "did everything possible to ensure the utmost fairness," said Boyd, including talking to the girl in her hospital bed by telephone.
The girl, who cannot be identified because of a publication ban, was diagnosed in December with a cancerous tumour on her right leg.
The tumour was removed and she began chemotherapy.
After the girl and her family refused consent for blood transfusions, the case was forwarded to B.C.'s director of Child, Family and Community Service.
Lawyers for the girl fought the case on the grounds the girl was not represented by legal counsel and that she was a "mature minor" who could decide her own treatment. They also said the girl's rights under the charter were infringed by provincial law and she had suffered age discrimination.
Boyd ruled against every aspect of the legal challenge.
She said provincial laws allow courts to protect the rights of children when a child needs medical treatment.
"All children are entitled to be protected from abuse and harm ... the ultimate threat of harm would be death," she said.
Boyd also ruled that provincial laws did not infringe on the girl's rights under the Canadian Charter of Rights and Freedoms.
She said that while the girl was free to choose and practice her religion of choice, that right was "not absolute" and orders could be made in a child's best interests.
"I am satisfied the provincial court judge very carefully considered (the girl's) views before reaching a decision," said Boyd. "Ultimately her religious beliefs don't override her right to life and health."
© Times Colonist (Victoria) 2005
Damian Inwood CanWest News Service Tuesday, April 12, 2005
VANCOUVER -- A 14-year-old Okanagan girl who says receiving a blood transfusion would be like being raped has lost her fight against the treatment.
B.C. Supreme Court Judge Mary Boyd ruled Monday that a lower court had the power to authorize transfusions be given to the Jehovah's Witness member against her will.
Boyd found that provincial court Judge Paul Meyers was "considered, thoughtful and sensitive" in ensuring the child, who is undergoing cancer treatment, had a fair hearing March 18.
She said doctors needed the "safety net" of having a blood transfusion available to continue with a more invasive form of chemotherapy.
Meyers acted properly and "did everything possible to ensure the utmost fairness," said Boyd, including talking to the girl in her hospital bed by telephone.
The girl, who cannot be identified because of a publication ban, was diagnosed in December with a cancerous tumour on her right leg.
The tumour was removed and she began chemotherapy.
After the girl and her family refused consent for blood transfusions, the case was forwarded to B.C.'s director of Child, Family and Community Service.
Lawyers for the girl fought the case on the grounds the girl was not represented by legal counsel and that she was a "mature minor" who could decide her own treatment. They also said the girl's rights under the charter were infringed by provincial law and she had suffered age discrimination.
Boyd ruled against every aspect of the legal challenge.
She said provincial laws allow courts to protect the rights of children when a child needs medical treatment.
"All children are entitled to be protected from abuse and harm ... the ultimate threat of harm would be death," she said.
Boyd also ruled that provincial laws did not infringe on the girl's rights under the Canadian Charter of Rights and Freedoms.
She said that while the girl was free to choose and practice her religion of choice, that right was "not absolute" and orders could be made in a child's best interests.
"I am satisfied the provincial court judge very carefully considered (the girl's) views before reaching a decision," said Boyd. "Ultimately her religious beliefs don't override her right to life and health."
© Times Colonist (Victoria) 2005