An 11-year-old First Nations child from Six Nations of the Grand River was diagnosed with acute lymphoblastic leukemia with a 90-95% cure rate with chemotherapy.
The child's mother withdrew consent for chemotherapy to pursue traditional medicine consistent with their longhouse beliefs.
The hospital applied under section 40(4) of the Child and Family Services Act seeking a protection order.
The court dismissed the application, finding that the mother's decision to pursue traditional medicine constituted an exercise of an aboriginal right protected under section 35(1) of the Constitution Act, 1982.
The court held that the child could not be found in need of protection when the substitute decision-maker exercised a constitutionally protected right.
