Home -> Law Blog Directory -> International Law Blogs -> Wise Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
International Law
: Wise Law BlogSupreme Court of Canada to Hear Blood Transfusion Case
By Garry J. Wise, Wise Law Office, Toronto
The Supreme Court of Canada might soon provide some guidance with reference to the ongoing battle between religious freedom and the best interest of the child.The Manitoba case of Director of Child and Family Services v. A.C. involved a 14-year old girl who suffered from Crohn?s disease rendering her in immediate need of a blood transfusion. In accordance with her Jehova?s Witnesses beliefs, both the child and the parents refused to accept the transfusion. An urgent Application was heard for the purposes of obtaining a Court Order to administer the transfusion in spite of the child and the parents? refusal. The Court granted the Order and the transfusion was administered. The decision was appealed to the Court of Appeal.
The Manitoba Court of Appeal specifically examined whether a ? ?a mature minor ha[s] the right to refuse medical treatment even if that refusal may result in their death or serious harm and is not in their best interests??
In such examination, the Court assessed whether s.25 of the Child Family Services Act (CFSA), which provides that a Court may Order treatment that is in the best interest of the child, applies only to children under the age of 16 who do not have capacity, and whether in the alternative, such a Court Order violates the Charter rights of a child under 16 who has capacity.
The Court found that the CFSA intends for the Court to make Orders in accordance with the best interest of the child regardless of whether or not the child under 16 has capacity and that in the matter at hand, the child was in urgent need of specific medical treatment as a matter of life or death. The Court further concluded that should such a decision violate the Charter rights of the child, the violation is justified under s.1 of the Charter as a result of the temporary status of the Order, and the paramount importance of the best interest of the child principle.
The Supreme Court of Canada is scheduled to hear this matter in May, and though the case deals with fact-specific legal issues, the Supreme Court may take this opportunity to provide broader guidance with reference the ongoing debate of religious freedom versus a the best interest of the child.
The B.C Supreme Court will also have its say on the matter. VM and CM v. The Director, which is the case of the 4 surviving sextuplets whose parents also refused blood transfusions in accordance with their religious beliefs, is scheduled for closing arguments next month.
- Annie Noa Kenet, Toronto
Visit our Toronto Law Firm website: www.wiselaw.net
EMPLOYMENT LAW ? CIVIL LITIGATION ? WILLS AND ESTATES ? FAMILY LAW & DIVORCE
Full post as published by Wise Law Blog on January 29, 2008 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Ortho Evra Patch Risk
Ortho Evra Side Effects
Unsuitable Blood
FDA fines Red Cross $4.6 million for distributing tainted blood products.
Oral HRT
More Than Doubles the Risk of Blood Clots
Blood Clots
Associated with Oral Contraceptives Yaz and Yasmin
Personal Injury
Appeals Court Upholds Congressional Legislation
Unapproved Drugs
Causing Vision Loss and Blood Pressure Problems
Ortho Evra Contraceptive Patch
allegedly causing fatal blood clots, heart attack, and stroke.

Canadas High Court To Hear Case On Mature Minors Religious Rights
Supreme Court of Canada Rejects Privacy Commissioner Blood Tribe Appeal
Canada's High Court To Hear Case On Mature Minor's Relgious Rights
"Supreme Court to hear appeal in libel case"
Supreme Court of Canada to Hear Keays v. Honda Canada Inc.
"Supreme Court of Canada will hear appeal of Quebec language law"








