It's kind of long but ultimately the judge ruled that they can treat their little girls cancer with traditional medicine. Poor little girl.
Judge rejects application to take aboriginal girl from family for chemo
An Ontario judge has dismissed an application to take an aboriginal girl from her family for chemotherapy.
The judge was deciding whether the Children’s Aid Society should intervene in the case of an aboriginal girl whose family removed her from chemotherapy at a Hamilton hospital in favour of traditional medicine. The girl has been undergoing treatment for leukemia in Florida.
Judge Gethin Edward has presided over the complicated and potentially precedent-setting Brantford, Ont., court case since it began on Sept. 25.
McMaster wants aboriginal child taken from family for chemotherapy First Nations girl's family rejects chemo McMaster Hospital defends court action to treat aboriginal girl “I cannot find that J.J. is a child in need of protection when her substitute decision-maker has chosen to exercise her constitutionally protected right to pursue their traditional medicine over the Applicant's stated course of treatment of chemotherapy," Edward said, as he read his ruling aloud.
Edward, citing the testimony of two McMaster Children’s Hospital doctors, agreed the child wasn't capable of making her own medical decisions. But he found it was the mother’s aboriginal rights — which he called “integral” to the family’s way of life — allow her to choose traditional medicine for her daughter.
"In applying the foregoing reasons to the Applicant's section 40(4) application, I cannot find that J.J. is a child in need of protection when her substitute decision-maker has chosen to exercise her constitutionally protected right to pursue their traditional medicine over the Applicant's stated course of treatment of chemotherapy."
"The application is dismissed. This is not an appropriate case to consider cost."
"I wish to thank all counsel for their efforts in this very difficult case."
— Judge Gethin Edward
Hamilton Health Sciences doctors asked for the Children’s Aid Society to separate the girl from her family so she could resume chemotherapy. The girl’s doctors said she has a 90-95 per cent chance of survival on chemotherapy, but that they didn’t know of anyone who had survived Acute Lyphoblastic Leukemia (ALL) without the treatment.
Neither the girl nor her mother can be identified due to a publication ban.
The decision was met with applause from many in the courtroom, including members of the girl’s family.
“It is dismissed. It is dismissed … aboriginal rights are upheld,” said a family friend, in tears, as she called the girl’s mother from inside the courtroom.
The girl’s mother was expected to make a statement on Saturday.
Outside the court, Six Nations Chief Ava Hill and New Credit First Nations Chief Bryan Laforme welcomed the ruling, saying it has broader effects across Canada.
'This is monumental'
"This not only affects the two young ladies that we were talking about here today in court, but this -- this has broader effects across the country.
“This is monumental,” said Laforme. “It reaffirms our right to be Indian and to practise our medicines in the traditional way.”
Officials from the Brant County Children’s Aid Society also welcomed Edward’s ruling, saying it prevents the “trauma” of taking the girl away from her family while she was being treated.
Judge Edward reiterated that no one, including the doctors from McMaster Children’s Hospital who have called for legal intervention, has suggested that the girl's mother is negligent.
Brant County CAS director Andrew Koster testified during the proceedings that the case should never have come before his agency. Officials from Hamilton Health Sciences, however, told court they were disappointed the Children's Aid Society hasn’t acted faster to protect the child.
Doctors at McMaster Children’s Hospital, where the girl was being treated, said they were confident they had a very good chance to save the girl with chemotherapy.
Supporters of the aboriginal side in the case that was being heard by Judge Gethin Edward hold up signs outside the Brantford, Ont., court. (John Lesavage/CBC) Choosing treatment
"We know we can save this child’s life. We can’t give up on this child," hospital president Peter Fitzgerald told CBC Hamilton.
Hamilton Health Sciences officials won’t make a comment immediately after Friday’s ruling, a spokeswoman said, but will issue a statement later in the day.
The girl and her family have not been present in court throughout the proceedings. Neither the patient nor her family can be identified because of a publication ban in the court case.
The girl’s mother has defended her decision to seek alternative cancer treatment at the Hippocrates Health Institute in Florida, a centre that focuses on nutrition and naturopathic therapy.
In a letter to CBC News, she wrote, "I will not have my daughter treated with poison .… I have chosen treatment that will not compromise her well-being and quality of life."
Precedent setting
The family paid the institute $18,000 for the treatment. In a video obtained by CBC News, institute director Brian Clement says his institute teaches people to "heal themselves" from cancer by eating raw, organic vegetables and having a positive attitude.
"We've had more people reverse cancer than any institute in the history of health care," he says.
Nicholas Bala, a professor of family law at Queen’s University in Kingston, Ont., said that regardless of the judge’s decision, this case will be precedent setting.
"It`s going to set a precedent on the rights of parents and also on the question of which piece of legislation governs, the Child and Family Services Act or legislation governing the health capacity and consent board.”
With files from Connie Walker
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