The Supreme Court of Canada dismissed a motion that would have kept a comatose Edmonton girl on life support. A panel of three judges made the decision, Thursday evening.
Canada’s highest court received the motion for a stay in the case of Baby M, Thursday morning. The documents were then reviewed and processed before the final decision was released. Baby M will be taken off life support.
On Wednesday, Alberta’s Court of Appeal upheld Madame Justice June Ross’ Friday ruling that it would be in Baby M’s best interest to have her removed from life support.
A team of doctors said the girl will not recover and it is in her best interest to take her off life support. Her father, in a sworn affidavit, said his religion and love for his daughter prevented him from supporting that decision.
However, the final decision was made by Justice June Ross. M’s medical decisions will be made by the court, because charges are pending against her parents. In her decision Justice Ross stated:
“Even assuming that M’s parents think that their decision is motivated by religious beliefs and love for M, I am left with a concern that their decision may in fact be affected by self-interest.”
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Justice Ross is referring to that fact that If M dies, her parents could face additional charges, possibly second degree murder charges. Currently, they are charged each with two counts of aggravated assault, criminal negligence causing bodily harm and failing to provide the necessities of life.
The two-year-old has been receiving care at the Stollery Children’s Hospital in Edmonton since she and her twin sister were taken from their home May 25, both malnourished and suffering from injuries. M was in cardiac arrest and has been in a coma since that time. Her sister is recovering. An older brother was in home as well. He is now in foster care.
After the original decision that Baby M should be taken off life support and moved to palliative care, and then Wednesday’s ruling to uphold that decision, the lawyer representing Baby M’s parents said she would appeal to the Supreme Court of Canada, Thursday morning.
The parents had been given time to visit Baby M separately for 20 minutes each.
Legal experts have said this is a precedent setting case. University of Alberta Law Professor, Timothy Caulfield, has been following this case very closely.
“I’m hopeful that this case will clarify the law, whether it’s involving a child or an adult but, helping to clarify how these decisions should play out,” he said adding, “They are relatively rare, but they happen with enough frequency that we ought to have clear policy.”
“One of the reasons the law is so murky in this area is because these are often extreme circumstances. Decisions have to be made quickly, they don’t have the opportunity for long deliberations and long arguments,” Caulfield added.
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