Judge rejects application to take aboriginal girl from family for chemo
Judge rejects application to take aboriginal girl from family for chemo - Latest Hamilton news - CBC Hamilton
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.
"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.
"This is monumental," said Laforme. "It reaffirms our right to be Indian and to practise our medicines in the traditional way."
Hill said the mother is "overjoyed," with the news.
When asked about what specific treatment the girl is receiving now, Hill declined to say, adding that was between the family and the girl's traditional healer — which Hill said involves the same confidentiality of a doctor-patient relationship.
The mother, Hill said, "has the right to do whatever she wants to try and save her child."
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.
Brant CAS executive director Andrew Koster said his organization's argument wasn't based on the relative merits of medical treatments, but on the fact that the case involved a loving mother who would have been separated from her daughter.
"This was going to be two years of chemo. Does that mean we were going to take this child away for two years? And suppose she didn't make it?" Koster said.
"I truly did not believe that we should be taking her into care," he said.