(Supreme Court of Canada) Constitutional law – Charter of Rights – Liberty and security of person – Fundamental justice – Medical treatment – Child under 16 years of age refusing blood transfusions because her religion requires that she abstain from receiving blood – Transfusion necessary to avoid severe consequences to child’s health – For child under 16, provincial child and family services legislation authorizing court to order treatment that it considers in best interests of child – For child 16 and over, no medical treatment can be ordered by court without child’s consent unless court satisfied that child lacks ability to understand relevant information or consequences of treatment decision – Whether legislation arbitrary because it deprives children under 16 of opportunity to demonstrate capacity – Whether legislation infringes child’s liberty and security interests in manner contrary to principles of fundamental justice – Canadian Charter of Rights and Freedoms, s. 7 – Child and Family Services Act, C.C.S.M. c. C80, s. 25(8), (9).
Constitutional law – Charter of Rights – Equality rights – Discrimination on basis of age – Child under 16 years of age refusing blood transfusions because her religion requires that she abstain from receiving blood – Transfusion necessary to avoid severe consequences to child’s health – For child under 16, provincial child and family services legislation authorizing court to order treatment that it considers in best interests of child – For child 16 and over, no medical treatment can be ordered by court without child’s consent unless court satisfied that child lacks ability to understand relevant information or consequences of treatment decision – Whether legislation infringes child’s equality rights – Canadian Charter of Rights and Freedoms, s. 15 – Child and Family Services Act, C.C.S.M. c. C80, s. 25(8), (9).
Constitutional law – Charter of Rights – Freedom of religion – Child under 16 years of age refusing blood transfusions because her religion requires that she abstain from receiving blood – Transfusion necessary to avoid severe consequences to child’s health – For child under 16, provincial child and family services legislation authorizing court to order treatment that it considers in best interests of child – For child 16 and over, no medical treatment can be ordered by court without child’s consent unless court satisfied that child lacks ability to understand relevant information or consequences of treatment decision – Whether legislation infringes child’s freedom of religion – If so, whether infringement justifiable – Canadian Charter of Rights and Freedoms, ss. 1, 2(a) – Child and Family Services Act, C.C.S.M. c. C80, s. 25(8), (9).
Status of persons – Child protection – Care while under apprehension – Maturity – Court order authorizing treatment – For child under 16, provincial child and family services legislation authorizing court to order treatment that it considers in ‘best interests’ of child – For child 16 and over, no medical treatment can be ordered by court without child’s consent unless court satisfied that child lacks ability to understand relevant information or consequences of treatment decision – Whether young person under 16 entitled to demonstrate sufficiency of maturity in medical treatment decisions – Interpretation of ‘best interests’ standard – Child and Family Services Act, C.C.S.M. c. C80, s. 25(8), (9).
Judges:
McLachlin C.J. and Binnie, LeBel, Deschamps, Abella, Charron and Rothstein JJ
Citations:
[2009] SCC 30, [2009] 2 SCR 181
Links:
Jurisdiction:
Canada
Cited by:
Cited – Re X (A Child) FD 29-Oct-2020
Limited transfusion against young adults wishes
The Court was asked whether a blood transfusion should be administered to a young woman who was almost, not quite, 16, against her profound religious beliefs. X is a Jehovah’s Witness. She has explained to me, in very powerful and moving words, the . .
Lists of cited by and citing cases may be incomplete.
Constitutional, Human Rights, Children, Health
Updated: 04 May 2022; Ref: scu.656348
