BRANTFORD, Ont. — An Ontario judge has sided with the family of an aboriginal girl who was pulled out of chemotherapy in favour of alternative treatment for cancer.
In a precedent-setting decision, Judge Gethin Edward has dismissed an application by the hospital which was treating the 11-year-old First Nations girl, saying her family's constitutional right to choose aboriginal treatment must be upheld.
The case in Brantford, Ont., west of Hamilton, saw the McMaster Children's Hospital take the Brant Family and Children's Services to court over the issue of the girl's treatment.
The girl, whose name cannot be revealed, was receiving chemotherapy treatment before her mother removed her in mid-September to take her to Florida for alternative therapy which involved herbal treatments and lifestyle changes.
At that point, the hospital asked the BFCS to intervene to ensure the girl continued her chemotherapy but the agency refused, triggering the legal case.
Mark Handelman, a lawyer for the BFCS, says aboriginal rights are fundamental to this case and should be recognized.
