B.C. government seizes three sextuplets for blood transfusions
January 31, 2007 - 19:41
By: STEVE MERTL
VANCOUVER (CP) - The B.C. government ignored Supreme Court of Canada rulings and seized three sextuplets last week, allowing doctors to give them blood transfusions before their parents were able to challenge the move in court, the family's lawyer says.
Two of the sextuplets had died previously since the babies were born in the first week of January almost three months premature. At the time, the parents didn't want any details about their children released, however they did allow hospital officials to reveal that they are Jehovah's Witnesses.
Their religion does not permit blood transfusions and the family had expressly stated they didn't want the procedure.
Instead, they indicated to doctors they wanted to seek medical alternatives, said Shane Brady, the family's lawyer.
"The family is very upset that the government treated them in the way it did," he said outside court.
"It's like a hit and run."
Brady appeared in B.C. Supreme Court on Wednesday challenging the seizure order when the government surprisingly withdrew the order.
"They've returned the children," Brady said.
But the parents, who cannot be named under court order, want to persist in appealing the seizure order. They've been given a court date of Feb. 22 and 23.
Minister of Children and Families Tom Christensen refused to discuss the case specifically.
But he said doctors have an obligation to go to ministry authorities when they believe a child is in danger.
"We don't take any such action without a great deal of forethought, recognizing that it's a significant step for the state to interfere in a family," Christensen said.
"But we want to ensure in every case that children are receiving the attention they require."
When asked what comes first, religion or the state, Christensen replied: "Our obligation to protect children is paramount."
Brady said the transfusions made little difference in the condition of the children. He said they are in stable condition.
He said a Supreme Court of Canada decision in 1995 gave parents the right to present evidence at a hearing in such matters. In 1999, the high court affirmed that, saying it is a fundamental right of Canadian society.
"So what took place here was a complete abdication," said Brady.
"They ignored completely what the Supreme Court of Canada said."
Brady has represented several Jehovah's Witness children in the courts in recent years, including 17-year-old Bethany Hughes of Calgary, who died of leukemia in 2002 after her father battled his daughter and her mother for her to have blood transfusions during her treatment.
The first of the six babies were born Jan. 6 with the rest born Jan. 7. They were premature at 25 weeks and each was not much bigger than an outstretched hand.
Normally, babies are not born until 40 weeks.
Dr. Liz Whynot, president of B.C. Women's Hospital, said at the time the babies were almost three months premature and were in fair condition after their births.
Doctors said babies born at that stage have an 80-per-cent chance of surviving to leave the hospital.
But doctors also said that despite the strong odds, the sextuplets would face steep challenges.
The early delivery meant all the babies' organs were immature, with underdeveloped lungs that required artificial ventilation and problems with eating.
Underdeveloped immune systems made them more vulnerable to infection.
