The applicant, who was declared dead by neurologic criteria (brain death), sought an order to be maintained on mechanical ventilation, arguing that her Christian belief that life continues as long as the heart beats should be accommodated under the Charter.
The Superior Court of Justice held that the common law definition of death includes brain death and that the applicant met the medical criteria for brain death despite exhibiting spinal reflex movements.
The court further held that the Charter does not apply to a deceased person or to a physician making a medical determination of death.
The common law definition of death was found to be consistent with Charter values, as the need for certainty and objectivity outweighs religious accommodation.
Finally, the court ruled that the Consent and Capacity Board lacks jurisdiction over disputes involving deceased persons, as mechanical ventilation of a corpse does not constitute 'treatment' under the Health Care Consent Act.
The application was dismissed.
