The country's highest court has decided to look into whether the state has a place in the hospital room of a Winnipeg teenager who is a Jehovah's Witness.
The Supreme Court of Canada issued a statement today that it will review the decision earlier this year by the Manitoba Court of Appeal saying it was appropriate for the courts to overrule the decision of a minor if it will likely save his or her life. No date has been set for the hearing.
The girl, who was 14 in April 2006, was in hospital when a Court of Queen's Bench justice issued an order allowing doctors to give her blood to treat her Crohn's disease against the wishes of both her and her parents.
Jehovah's Witnesses do not allow blood transfusions because they believe there are passages in the Bible which forbid the procedure. There are about 184,000 Jehovah's Witnesses in Canada.
Lawyers for Child and Family Services argued the province's CFS Act allows the court to take over a child's medical care when their life is in danger.
But lawyers for the teen and family argued that under the province's own Health Care Directives Act the teen can make her own treatment decision because she is a 'mature minor'.
The appeal court, in a unanimous ruling, later said while provincial legislation allowing CFS to authorize medical treatment is a violation of the child's rights under the Canadian Charter of Rights, those rights can be overruled if the intent is to save the child's life.
kevin.rollason@freepress.mb.ca
PREVIOUS
