Supreme Court Cases Involving Jehovah's Witnesses By Country - Canada

Canada

The Supreme Court of Canada has made a number of important decisions concerning Jehovah's Witnesses. These include laws that affected activities of Jehovah's Witnesses in the 1950s and more recent cases dealing with whether Witness parents had the right to decide what medical treatment was in the best interest of their children based on their faith.

On June 26, 2009, the Supreme Court of Canada issued a 6-1 decision saying courts must take into account the maturity and decision-making capacity of minors before ruling on enforced medical treatment. The case involved a young Jehovah's Witness, identified only as A.C., who was admitted to a hospital in Winnipeg with internal bleeding as a complication of Crohn's Disease. Doctors sought a blood transfusion, but A.C. and her parents refused on religious grounds; child welfare officials moved to take her into care and a court ordered that she be given the transfusion. The judge said he was satisfied she was competent, but since she was under 16 the judge felt that her competence was immaterial to existing law. Justice Rosalie Abella wrote for the majority, "A young person is entitled to a degree of decisional autonomy commensurate with his or her maturity."

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