Toronto Globe and Mail, artcle of impending Supreme Court Case

by belbab 5 Replies latest watchtower medical

  • belbab
    belbab

    Court to delve into a minor's right to refuse treatment

    KIRK MAKIN

    From Tuesday's Globe and Mail

    May 19, 2008 at 7:32 PM EDT

    By the age of 14, a Winnipeg girl known as A.C. felt that she had the right to prevent doctors from running roughshod over her religious beliefs and forcing a blood transfusion on her.

    “I will not violate Jehovah God's command to abstain from blood,” she said at the time. “I have dedicated my life to Him. Turning my back on God, who made my life possible, is not a compromise I am willing to make.”

    Her plea fell on deaf ears. A.C. was forcibly given a transfusion to replace blood she had lost through Crohn's disease – on Easter Sunday of 2006, no less.

    The medical contretemps reaches the Supreme Court of Canada on Tuesday obliging the court to delve into the issue of when a mature minor can refuse medical treatment based on religious views.

    The case of A.C. v. Director of Child and Family Services focuses specifically on older minors who are forced to accept treatment, even though they have the mental capacity to make treatment decisions.

    On the day the drama began, A.C. had admitted herself to a Winnipeg hospital to receive treatment for Crohn's, a chronic inflammation of the gastrointestinal tract that can cause bleeding from the bowel. Doctors quickly obtained a treatment order from a judge.

    In a brief submitted to the Supreme Court, her lawyers – Allan Ludkiewicz and David C. Day – quote the child describing the experience as “painful spiritually, mentally, emotionally and even physically. Having someone else's blood pumped through my veins, stressing my body, caused me to reflect on how my rights over my body could be taken away by a judge who did not care enough to talk with me. … That day, my tears flowed non-stop.”

    The legal brief argues that a provision in the Manitoba Child and Family Services Act that authorizes this sort of involuntary medical intervention is out of step with generations of judge-made law and with Charter of Rights guarantees to equality, freedom of religion and life, liberty and security of the person.

    In an opposing brief, Manitoba Crown counsel Deborah Carlson and Nathaniel Carnegie maintain that any Charter violation that might exist would be more than justified by the importance of protecting children.

    “Age as a prerequisite for the ability to make important decisions is a pervasive feature of the law throughout Canada,” they said. “Legislation regulating marriage, voting, driving, drinking, contracting, will-making and many other areas establish minimum ages which, in turn, deny privileges or impose disabilities on those persons younger than a certain age.”

    The Crown lawyers said a child's capacity to make a treatment choice can also fluctuate, depending on the nature of the illness and the medication he or she might be taking.

    “Moreover, there may be significant differences in the way adolescents make decisions, which may give rise to legitimate concerns about the outcome of these decisions,” they said.

    Lawyers Cheryl Milne and Mary Birdsell – arguing for a legal intervenor, Justice for Children and Youth, a Toronto legal aid clinic serving low-income youth – maintain that international law puts great emphasis on allowing children to make choices.

    “By placing too much weight on children as future citizens, the danger is that we ignore the present assaults on their dignity premised on a paternalistic, ‘it's for your own good' approach,” they say in a brief to the court.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20080519.wjehovah20/BNStory/National/home

    belbab

  • belbab
    belbab

    If you click on the link, at the bottom of the article is vote box that asks if you recommend this article etc. It is up to 17 yes votes. Can we boost it up a little?

    belbab

  • belbab
    belbab

    There also is 56 comments post on the Globe and Mail site, most of them in favor of the article, and some who must be JWs defending the blood issue.

    The comments are now closed, but they make interesting reading.

    Fifty-six comments in reply to the newspaper. Comments on JWD, ZILCH!

    belbab

  • belbab
    belbab

    Here is one of the comments made no doubt by one of the more informed Jehovh's Witness. With comments like this, how can they lose.

    Alastair james Berry from Nanaimo BC CANADA, Canada writes: Who am I to play God?

    But I think it was a bloody awfull decision to FORCE that girl to have a blood transfusion against her expressed wishes!!

    Logic dictates that DOCTORS(let alone Judges) today know VIRTUALLY NOTHING ,when measured against the total amount of knowledge that it out there in the universe AND still waiting to be learned!!

    What we know today does not even equate with one grain of sand against ALL THE WORLD'S BEACHES!

    The judges will rue the day this decision was made.

    belbab, what a privilege to have my very own private thread.

  • Finally-Free
    Finally-Free

    I didn't have a chance to read all the comments on the site, but at least one person mentioned the way a child can be indoctrinated from a young age. The watchtower does a pretty good job of restricting the information a person has access to, especially at a young age. Even if a minor could be considered "mature" they are still in no position to make an informed decision. Add to that JW family members and elders hovering over the kid to add pressure, and the kid has almost no chance without forced intervention.

    W

  • Meeting Junkie No More
    Meeting Junkie No More

    Belbab

    Thanks for posting this. I have just finished reading the article and all the comments, pro and con, many of which were food for thought.

    Say what you will about Danny Haszard, but he made a damn fine comment also!

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