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Can I Refuse Cancer Treatment
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Friday’s ruling has nothing to do with whether indigenous medicine works. The family court heard unequivocally in the case of a First Nations girl who refused chemotherapy that no child survived acute lymphoblastic leukemia without treatment.
Ontario Court Judge Gethin Edward has now extended those rights to traditional medicine, saying, “There’s no doubt it’s an integral part.”
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“This is monumental to our people across the country,” said Six Nations Chief Ava Hill. “This sets precedents for us.”
First Nations spectators in the standing room-only Brantford courtroom burst into applause and tears as Edward rejected an application from McMaster Children’s Hospital for the girl to be arrested by Brant Family and Children’s Services and forced into treatment. That agency had refused to intervene.
“I feel like I’ve transcended something bigger than all of us,” the girl’s aunt said when she called the mom to break the news. The girl and her family cannot be identified due to a publication ban.
“My biggest concern is this child’s life,” he said. “Without treatment, this child has no chance of survival. We really want to keep our doors open for the family and reach out as much as possible.”
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The judge sided with McMaster on all other issues. He ruled that the girl was incapable of making her own medical decisions. He affirmed that a court is the place to decide these matters, not the Ontario Consent and Capacity Board. He agrees that she needs medical treatment that her “caring, loving” parent does not provide.
The hospital told the court that before withdrawing from treatment in August, the girl had a 90 to 95 percent chance of being cured by chemotherapy done in stages. Ultimately, however, it came down to Edward’s conclusion that the mother’s choice to follow traditional medicine “is her original right.”
“This is not an 11th-hour revelation used to help her daughter recover from the rigors of chemotherapy,” the judge wrote in his decision. “Rather, it’s a mother’s decision, on behalf of a daughter she truly loves, steeped in a practice rooted in their culture from the very beginning.”
“It is therefore the conclusion of this Court that the decision (of the mother) to follow traditional medicine for her daughter is her original right. Further, such a right can only qualify as a right if it is proven to work by using the Western medical paradigm. That would be to leave open the possibility of continuing to erode the rights of indigenous people.”
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“It was the right call,” said New Credit Chief Bryan LaForme. “He could not rule any other way. It upholds our traditional rights.”
“We have a right to take care of our own children,” Hill said. “We don’t let anyone take our children. This is a great incentive for this.”
The chiefs say that both the girl in this case and another indigenous girl who refused chemotherapy are healthy. However, the court learned that the other girl – Makayla Sault – has relapsed.
Sault’s father, known in the area as a pastor at the New Credit Fellowship Center, asked churches to pray for her on Nov. 9 after an infection nearly killed the New Credit girl.
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(Brant Family and Children’s Services also took no action after Sault stopped chemotherapy. Sault said she saw a vision of Christ in her hospital room telling her she was already healed. The Sault family did not respond to a request for comment from The Spectator through their attorney, Katherine Hensel.)
Both girls sought treatment at an American alternative health center that is registered as a massage company and run by a nutritional consultant. It promotes a positive attitude, eating a raw plant based organic diet and ridding your life of contaminants to cure cancer.
Sault attended the Hippocrates Health Institute in West Palm Beach, Florida, which believes in curing cancer with a positive attitude, as well as eating a raw plant-based organic diet and clearing contaminants in your life. The other girl who refused chemotherapy – the subject of Friday’s ruling – sought similar treatment.
The institute’s co-director, Brian Clement, has come to Ontario, including the Six Nations
