Tot dies after top court rules against life support

Edmonton girl’s parents charged with abuse sought to keep her alive

A 2-year-old Edmonton girl allegedly abused by her parents has died after the Supreme Court rejected a request to keep her on life support.

A source confirmed to The Canadian Press that she died Thursday night in hospital after being removed from a ventilator that was keeping her alive.

Lawyers for the child’s parents applied to the Supreme Court Thursday morning for an emergency stay of an Alberta Court of Appeal ruling that allowed doctors to remove the girl from life support. The lawyers wanted time to file an application for the court to hear an appeal.

But a panel of three Supreme Court justices rejected the stay late Thursday afternoon, ending further legal wrangling.

The Alberta Court of Appeal agreed Wednesday with a lower court’s ruling that keeping the girl, who doctors say had an irreversible brain injury and couldn’t breathe or eat on her own, on life support would not be in her best interests. The toddler, who cannot be named under child welfare laws, was found in cardiac arrest by paramedics at her parents’ home May 25. Paramedics resuscitated her after 40 minutes of CPR, but she had suffered a severe brain injury.

Her parents face charges of aggravated assault, criminal negligence causing bodily harm and failing to provide the necessities of life. They are alleged to have beaten and starved the girl and her twin sister, who is recovering. An older brother is in foster care.

While the parents had signed a “do not resuscitate” order if the girl’s heart stopped, they had asked that any treatment that would keep their daughter alive be continued.

In an affidavit, the father said his faith prevented him from consenting to a withdrawal of treatment.

“As a devout Muslim and loving father I find it unthinkable to agree to limit or withdraw medical treatment for (the girl). I ask that the court to honour my beliefs that the ultimate course of (the girl’s) life not be made by doctors limiting or withdrawing treatment,” he said.

But the appeal court panel agreed with the ruling by Court of Queen’s Bench Justice June Ross, who had been asked by Alberta Children and Youth Services to determine the course of the girl’s medical care in place of her parents. Ross noted the parents were in a conflict of interest because they could face more criminal charges now that she has died.