First Nations chemo case ruling amended to include child’s well-being

A welcome development:

The clarification of a controversial court ruling that allowed the mother of an 11-year-old First Nations girl to pull her out of chemotherapy says the best interests of the child are “paramount,” but traditional medicine must be respected.

It is a “significant qualification” of Ontario court Judge Gethin Edward’s November 2014 ruling, according to one legal expert, which means the child’s well-being has to be balanced against rights to traditional medicine.

Nick Bala, a law professor at Queen’s University, says the clarification “walks back” the original ruling that put First Nations constitutional rights as the major factor to be considered in the care of the child.

The clarification, read in a Brantford, Ont. court Friday afternoon, comes with news the child restarted chemotherapy in March when the cancer returned after a period of remission.

The family’s lawyer, Paul Williams, said the clarification prevents the previous ruling regarding aboriginal rights as being interpreted as an ‘absolute.’ The child’s best interests must also be considered. (Jeff Green/CBC)

The joint submission from the auditor general of Ontario, as well as counsel for the Six Nations, the child’s family and McMaster Children’s Hospital, was celebrated as a collaborative conversation rather than a confrontation among the parties involved.

First Nations chemo case ruling amended to include child’s well-being – Latest Hamilton news – CBC Hamilton.