“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 Read more…
The family of an aboriginal girl who was at the centre of a court case about whether she should be removed from her family and given chemotherapy says the stress of the case was “uncalled for” and that they would never compromise the child’s well-being.
A judge rejected an application from a Hamilton hospital that would have seen the Children’s Aid Society intervene in the case of the girl whose family had stopped her chemotherapy at the hospital in favour of traditional medicine. The girl has been undergoing treatment for leukemia in Florida.