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(Updated)

A judge ruled in a Brantford court today that the family of an 11-year old aboriginal girl who has leukemia has the right to choose her treatment.

Notably, to pursue traditional medicine over chemotherapy.

Many shed tears of joy inside the Brantford court when the ruling came down.

But it all began here back in August when the mother of an 11-year old aboriginal girl, who cannot be named due to a publication ban, pulled her daughter out of chemotherapy. McMaster Children’s Hospital asked the Brant Children’s Aid Society to intervene. When CAS did not, the hospital took them to court. Now this girl is free to pursue any treatment that she and her family should choose, despite questions about the treatments effectiveness.

Outside a Brantford court, members of both Six Nations and New Credit First Nations stood with pride.

Ava Hill: Six Nations Band Chief: “I’m proud to be an aboriginal person. Proud to be a Haudenosaunee today and that we, you know, somebody is recognizing that we said that we’ve always had.”

New Credit First Nations Chief Brian LaForme: “It just re-affirms our right to be able to practice our medicines and our traditions in our own way.”

In the case, the band had argued that native people and traditional medicine have been practiced here long before Canada was formed, and therefore it is their right to choose traditional treatment over chemotherapy. McMaster Children’s Hospital argued that this girl has no chance of survival without chemo, and therefore is a child in need of protection.

The ruling by judge Gethin Edward did not focus on which treatment would be more effective but agreed with the bands argument, saying plainly “It is this court’s decision therefore, that (this mother’s) decision to pursue traditional medicine for her daughter. It is her aboriginal right.

Brant Family and Children’s Services, who chose not to intervene, has mixed emotions

Andy Koster, Brant FACS: “I can’t be happy about today because it’s such a tragic, you know a tragic situation all around. I’m just glad that out of this tragic situation, you now, and very stressful situation we have certain rights confirmed.”

McMaster Children’s Hospital has always been clear in their diagnosis that this girl stood a 95% chance of survival with chemotherapy.

Dr. Peter Fitzgerald, McMaster Children’s Hospital President: “We remain focused and hopeful that this family will return to care because without conventional treatment this child has no chance of survival.”

With the ruling clear in emphasizing that this is more about aboriginal rights and not what was the best medical decision for this young girl, the question then is, what happens if she dies?

(Have these girls lives become a referendum on the effectiveness of native treatment, meaning if they pass away, does that prove this wrong?) “Does it prove what wrong, traditional medicine. I don’t think so, everybody’s going to pass away sooner or later.”

(I mean, if they pass away in the near future from leukemia?) “Well, we don’t expect that they’re going to do that.”

After leaving McMaster, this girl and her family went to the Hiippocrates Health Institute in Florida. It is registered only for massage therapy, but their owner has different claims.

Brian Clement: “Eat a raw plant based organic diet. This is how we’ve seen thousands and thousands of people reverse stage for catastrophic cancer.”

It is the same place that Makayla Sault, a New Credit First Nations girl with leukemia went, and doctors in court says she has since relapsed and is now be in grave condition. Chief Brian LaForme says that simply isn’t true: “I’m here to tell you that she hasn’t. I visited with the family yesterday. Makayla is at home. She’s not in the hospital. She’s not has a re-lapse. She has an infection that is being treated at home.”

We asked Dr. Fitzgerald if they overstepped their bounds in going this route. He said no, that they did what they had to do and they do remain open to this young girl coming back. They just are where they are this time.

Image: Six Nations Chief Ava Hill reacts to the judge’s ruling

Additional video: News Now Midday coverage of the scrum with New Credit Chief Bryan LaForme and Six Nations Chief Ava Hill, reacting to the judge’s decision:

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