Treatment case symptom of First Nations’ distrust: expert
Ottawa law professor tells panel medicine particularly sensitive area
The case of the Six Nations girl whose mother removed her from life-saving chemotherapy in favour of alternative treatment is a wake-up call that Canada needs to improve its relationship with First Nations, says University of Ottawa law professor Larry Chartrand.
If the 11-year-old, known only as J.J., should die, he believes all Canadians bear some responsibility.
“We are all at fault to some degree by allowing this relationship to deteriorate to the point it has, where this mother feels she has to go to Florida because she can’t trust the mainstream system. We are all to blame for that.”
Chartrand was one of three professors and one research associate who discussed the controversial case at a conference called Aboriginal Rights and Refusing Life-Saving Treatment at the university Friday.
There was consensus that the case, which has caused an uproar, is both complicated and had crucial gaps in information, especially when it comes to information about what would be in the best interest of the child.
But there was disagreement about whether a court ruling — that the hospital where she was being treated couldn’t force the girl to receive chemotherapy because the constitution protects her mother’s right to treat the child with tradi- tional aboriginal medicines — was the right one.
Chartrand acknowledged many people don’t like the unprecedented ruling, but said the judge was correct that the Constitution protects the mother’s right to determine her child’s treatment. He noted that there was a gap in information about what would be in the best interest of the 11-year-old girl, who suffers from acute lymphoblastic leukemia.
The cancer has a 90- to 95-percent survival rate. Pediatric oncologists said they are not aware of any child surviving without chemotherapy. The mother withdrew consent for chemotherapy after a few days, saying she wanted to pursue traditional aboriginal medicine to treat the cancer. Before the hearing, mother and child were in Florida, where she is being treated at an alternative treatment centre.
Others on the panel had differ- ent views. Research associate Bryan Thomas said he believes the girl should have received treatment. “This girl is still Canadian and has the right to treatment.”
Courts have previously ruled that the best interests of children overrule religious rights in cases involving Jehovah’s Witnesses who refuse blood transfusions for their children. The ruling involving the Mohawk girl from Six Nations in southern Ontario is expected to set a precedent in other cases.
Chartrand said the mother’s decision to refuse chemotherapy speaks to the distrust between First Nations and Canada. Medicine, he said, is a particularly sensitive area, noting there has been a history of medical experimentation on aboriginal children.
“Mohawk people don’t want their children to die,” said Chartrand. “It is a question of respect.”