Wednesday, February 07, 2007

Canadian Court Permits Forced Blood Transfusion For Minor

In Canada, the Manitoba Court of Appeal has unanimously decided that lower courts may reject a minor's desire to not have a blood transfusion if doing so will likely save the individual's life. The Winnipeg Free Press yesterday reported that the appellate court's opinion, written by Justice Freda Steel, held that while forcing treatment may violate a child's rights under the Canadian Charter of Rights, those rights can be over-ruled to save the child’s life. She said: “Given the ... concerns of sanctity of life and protection of children, the infringement is not contrary to the principles of fundamental justice. The state does have a continuing interest in the welfare of a child."