A 14-year-old Jehovah's Witness was apprehended by child protection services after refusing a potentially life-saving blood transfusion.
The applications judge ordered the transfusion under s. 25(8) of the Child and Family Services Act, which allows a court to authorize treatment in the best interests of a child under 16.
The adolescent appealed, arguing the legislation violated her Charter rights by irrebuttably presuming she lacked capacity to make medical decisions.
The Supreme Court of Canada dismissed the appeal, holding that the legislation is constitutional when the 'best interests' standard is interpreted as a sliding scale that gives increasingly determinative weight to the young person's views depending on their maturity.
