Top court reserves judgment in girl's blood transfusion
Last Updated: Tuesday, May 20, 2008 | 5:37 PM ET
CBC News
Related
Internal Links
The Supreme Court of Canada has reserved judgment in a case involving a teenager who is seeking to overturn a law that forced her to have a blood transfusion against her will in 2006.
Lawyers for the teenager, who is a Jehovah's Witness, argued that the Manitoba government violated the girl's constitutional rights when it used legislation that says minors must be at least 16 years old to make medical decisions.
The teen, now 16, was 14 years old and living in Winnipeg when doctors gave her a blood transfusion to treat a flare-up of her Crohn's disease. She wanted to be treated without the transfusion.
Most Jehovah's Witnesses interpret literally a passage in the Bible that forbids them from ingesting blood — which includes receiving blood transfusions — although some blood derivatives are allowed.
Despite her wishes, Manitoba Child and Family Services obtained a court order compelling her to have the procedure after it was recommended by her doctor.
Her lawyers argued before the top court that the Manitoba child welfare law should be overturned and that there should not be a set age at which decisions about a young patient's medical wishes are made differently.
Instead, the decisions should be made on a case-by-case basis, according to the intellectual capability of the person involved, they argued.
The case could have far-reaching implications because several other provinces have laws setting 16 as a legal benchmark in such cases, and some set the cut-off point as high as 19.
With files from the Canadian PressShare Tools
Top News Headlines
- Former Expos catcher Gary Carter succumbs to brain cancer
- Hall of Fame catcher Gary Carter, who left an indelible mark on baseball in Canada during his 12 years with the Montreal Expos, died on Thursday. The man nicknamed "Kid" or "Kid Carter" for his ever-smiling face and cheerfulness is free from the inoperable brain cancer that sapped his energy and took his life at age 57. more »
- UN backs resolution condemning Syrian regime
- The UN General Assembly has backed a non-binding Arab League-sponsored resolution calling on Syrian President Bashar al-Assad to step down and end his regime's violent crackdown on dissidents. more »
- 7 MPs and their fiery quotes
- The election of a majority government was seen by some as a chance for less acrimonious politics on Parliament Hill. But the past week has seen its fair share of inflammatory rhetoric on both sides of the House. more »
- Dog kills newborn in Alberta community
- Officials in Airdrie are revealing few details about the fatal mauling of an infant by a family dog in the southern Alberta city. more »
Latest Canada News Headlines
- Vancouver Stanley Cup rioter gets 17 months in jail
- Ryan Dickinson has been sentenced to 17 months in jail for his part in the June 15, 2011, Vancouver Stanley Cup riot. more »
- Refugee reforms include fingerprints, no appeals for some
- New, tougher reforms to refugee legislation that hasn't yet come into force are already drawing fire from critics who say they give Canada's immigration minister too much power and risk the lives of claimants. more »
- 7 MPs and their fiery quotes
- The election of a majority government was seen by some as a chance for less acrimonious politics on Parliament Hill. But the past week has seen its fair share of inflammatory rhetoric on both sides of the House. more »
- Former Expos catcher Gary Carter succumbs to brain cancer
- Hall of Fame catcher Gary Carter, who left an indelible mark on baseball in Canada during his 12 years with the Montreal Expos, died on Thursday. The man nicknamed "Kid" or "Kid Carter" for his ever-smiling face and cheerfulness is free from the inoperable brain cancer that sapped his energy and took his life at age 57. more »
The National
The Current
- Time Banking - Prosperity without Cash Feb. 16, 2012 4:31 PM A look at alternatives to cash in the economy, including the "time bank" movement where participants donate a hour of their labour or expertise in return for an equal amount of time from someone else
- Dog kills newborn in Alberta community
- Degrassi's Wheels death announced, over 4 years later
- Refugee reforms include fingerprints, no appeals for some
- Montreal telemarketers in fraud case still making calls
- Bully victim's mother tells of 'suicide box'
- Honduras prison fire is world's deadliest
- Nortel collapse linked to Chinese hackers
- 2 small earthquakes rattle Vancouver Island
- Barefoot girl's icy trek not blamed on babysitter

