Native child chemo case back in court

(Updated)

Lawyers have finished presenting their evidence in the hearing between McMaster Children’s Hospital and the Brant Children’s Aid Society over the care of an aboriginal girl with leukemia whose family has decided to stop chemotherapy.

The details have been coming out for the better part of two weeks now and as the evidence has wrapped up, it’s been a very complicated process. We’ve heard from the oncologist at McMaster University as well as some experts in natural methods of healing.

Wednesday we heard from the Director of the Brant Children’s Aid Society Andrew Koster and Kim Martin from that society as they gave their arguments.

Ms. Martin indicated that the Children’s Aid Society seemed a bit pressured initially when they were talking to McMaster to intervene in this case. They also felt that the doctors at McMaster were not giving the natural treatment plan from this family very seriously.

The 11-year old girl cannot be identified. However, her case is similar to that of Makayla Sault. She is a New Credit First Nations aboriginal girl who also stopped chemotherapy treatment and — just as in this case — there has been some confusion as to how she is doing now. CAS did not intervene in that case also and it had been reported last week that Makayla Sault had experienced a relapse. But just on the weekend, Chief Brian Laforme sent out a release from the New Credit First Nation saying that she was alive and doing well although her family does not want to talk to the media any longer.

Andy Koster of the Children’s Aid Society about this particular case, this young girl and what happens if this young girl doesn’t get treatment and should happen to pass away as McMaster doctors say will likely happen.

Andrew Koster, Brant Children’s Aid Society: “Obviously, everybody is concerned about this little girl. But this child has rights. And as I mentioned in my testimony today, we are directed by the Ministry to respect the Healthcare Consent Act and we’ve been told, in medical decisions, that act takes precedence. And we’ve also had this message reinforced by the Child Advocate of Ontario.

Now the final arguments will be heard next Thursday at 1pm as the lawyers for all parties involved will give their final statements. Then the judge will render a decision either not to step in or instruct the Brant Children’s Aid Society to step in, apprehend the girl and force treatment.