Tradition kills
In a decision that could affect First Nations people across Canada, a judge in Ontario has ruled that a hospital cannot force a cancer-stricken 11-year-old girl to resume chemotherapy because the Constitution protects her mother’s right to treat the child with traditional aboriginal medicine instead.
Applause broke out in a Brantford, Ont., courtroom filled mainly with supporters of the girl, known as J.J, and her mother, known as D.H., when Justice Gethin Edward concluded that the family’s aboriginal rights trumped the hospital’s attempts to compel child-welfare authorities to intervene and send J.J. back to the hospital for chemotherapy.
“This is not an 11th-hour epiphany employed to take her daughter out of the rigours of chemotherapy. Rather, it is a decision made by a mother, on behalf of a daughter she truly loves, steeped in a practice that has been rooted in their culture from its beginnings …” he said.
“It is this court’s conclusion therefore, that D.H.’s decision to pursue traditional medicine for her daughter, J.J., is her aboriginal right. Further, such a right cannot be qualified as a right only if it is proven to work by employing the Western medical paradigm. To do so would be to leave open the opportunity to perpetually erode aboriginal rights.”
