Calgary Dad Wins Partial Court Victory in Daughter's Death

by Dogpatch 55 Replies latest jw friends

• 

  snowbird

  bttt - oops!
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  hawkaw

  BTTT.

  From one Belleville dude to another I have to say, Lawrence, I am glad you retained learned counsel to go forward with this case. This by far was the smartest thing you did.

  I suspect they will offer you a settlement at some point - likely with a non disclosure clause. This would be similar to the Boer case.

  You, like Vicki Boer, will then have to decide as to what course you should take.

  Make sure you listen to your counsel's advice as there are positives and negatives to this.

  Take care and again congrats on all of this.

  hawk!
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  hawkaw

  After reading the whole article, it almost sounded like the court was hinting that this religion could be held for criminal charges. While it was never stated in the court opinion....it's the "between the lines" that just reeks of it. It's the language used, I just can't place my finger on why I think this...perhaps it was the talk of how Bethany was still under the Church officials influence even after church officials left the scene in her final weeks/months. Perhaps it's that the court specifically mentioning that the Brady gang pushed cyanide that sticks out at me. Some type of accidental homicide or negligent homicide? If this goes to trial, I could see the Province of Alberta homicide unit getting interested in it.

  Skeeter:

  This is what I have been saying for years!
• 

  hawkaw

  Skeeter:

  Going back to the original decision (http://www.albertacourts.ab.ca/jdb/2003-/qb/civil/2006/2006abqb0159.cor1.ed1.pdf ) that deals with the health care professionals I note:

  1) It seems no one has yet to bring evidence to show Arliess consented to let Bethany have the treatment without the blood therapy. Thus, the Trespass of a person is still in play against the doctors. I can't believe none of these doctors got Arliess to sign the consent form to allow them to go ahead without the transfusion. WTF were they thinking ????

  2) Also, the negligence is still in play but the court still wonders what standard of care was owed by the doctors since Bethany only had a few months.

  This is where the evidence of the pathologist's report is going to play bigtime and what the cornor will say in his/her deposition.

  One thing that has me puzzled in all of this is the Counsel for the health care professionals not asking for a summary judgement dismissal of this case from the Appeal Court. That tells me something is up ...
• 

  hawkaw

  Homicide and a civil suit (suing for money) can both be options. Right now, we have a civil suit. The civil suit claims that the WT misrepresented blood transfusions and gave her "alternative" treatment. This alternative treatment is pretty far out - arsenic. I'm sorry, but arsenic kills people. Here, we have a weakened 16 year old girl - given her arsenic & coloring her mind against blood transfusions with false evidence.

  Homicide comes in many flavors. There's 1st degree murder, which requires a showing that the WT society meant to kill Bethany. I don't think we'd ever be able to prove that in a court of law. But, there's negligent homicide. With negligent homicide, you have to have a killing of another with negligence on the part of someone. Isn't it negligent to pound into a sick person that "blood transfusions/chemotherapy are experimental and that alternative treatment of arsenic is standard procedure?"

  Skeeter1:

  What we are looking at is Criminal Negligence causing death pursuant to s. 216 to 220 of the Criminal Code of Canada. A person who has a duty to another pusuant to s. 216 of the Code and shows a wanton or reckless disregard to the lives or safety of the other person and causes death is guilty of an offence and liable pursuant to s. 219 and 220 of the Code.

  http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_VIII-gb:s_219//en#anchorbo-ga:l_VIII-gb:s_219

  Of course Shane and the gang know this too. The question is will the Police and Crown ever investigate and make a determination that Elders (aka WTS lawyers) who can punish a JW with disassociation and shunning do have a duty to the JW pursuant to the definition in the Code when the Elders are giving medical or sceintific advice on blood therapy.

  Justice takes a long long time even to figure this out or to be pushed to figure this out.
• 

  purplesofa

  Justice takes a long long time even to figure this out or to be pushed to figure this out.

  im glad people take the time and have the patience to do this

  purps
• 

  garybuss

  I'd like to see the United States and Canada someday place the value of a human life over their philosophical concept of freedom of religion. In my opinion, that religion line extends way too far past faith and worship in both government systems.
  
  I'd have to think that door to door sales and medical treatment intervention is way outside of my definition of religion. What Canada courts allowed to happen in this case is nothing short of manslaughter at worst and assisted suicide at best. The fact that the victim was a minor should make it a kidnapping and a homicide.
  
  Canada's government is guilty of a crime here and so is the victim's mother. The mother should be in prison and so should the judge that turned the victim over to the Jehovah's Witnesses.
  
  Just because a victim has a difficult illness doesn't make their life any less valuable nor does it make them immune to medical misrepresentation, coercion, or fraud. If this is Canada's idea of justice and democracy, I want nothing to do with it.
• 

  hawkaw

  Gary:

  The problem up here as in the USA is that this is a difficult case to comprehend.

  As a officer, I have first hand knowledge that most Crown attorneys and investigators want this handed to them on a silver platter with little work. If it's too much work to figure it all out they wont bother with the file or consider it a low priority.

  Few have the actual knowledge to actually show the leadership manipulates science and medicine to come up with the doctrine. Few have the actual knowledge to show that these lawyers are actually JW elders who represent the WTS. Few have actual knowledge of the duty of care Elders and other agents owe the JWs due to the shunning doctrine.

  Putting it all together is complicated and a lot of work. Kerry and a few others are the few who know how to put it all together. Government officials would not be able to understand it all unless they take a lot of time and effort to understand it.

  As for the Province, they should ought to have followed Bethany around after the fact to ensure the life she had left would be as best as possible and not to be inflicted with a painful death.
• 

  Gill

  The medical profession in Canada is beginning to suss what the WTBTS is really all about.

  The legal profession is also beginning to smell something rotten.

  It will take one or two of them who are willing to stand up, do work for free, and try to wake their fellow professionals up to the fact that innocent people are being 'murdered' ( indirectly) but never the less still murdered by the WTBTS CULT!

  There is little money in this work. This is a job of work much like civil liberties in the USA where lawyers stood up for the oppressed black people.

  The Jehovah's Witnesses are similarly an oppressed minority, but oppressed by their leaders.

  They DEMAND death from their followers when they are at their most vulnerable ..... ie in need of a blood transfusion and bleeding to death.

  The demand that a JW refuse blood and if they accept blood to save their lives, the WTBTS will 'execute' them by taking away their family and friends, is murder. A JW does not refuse blood without coercion....they are forced into that position.

  I suspect that the WTBTS is not going to reverse its decision to ban blood transfusion. I suspect anyone accepting one will continue to be considered DA'd. However, it is becoming the case that professionals are understanding what this means.

  Doctors are seeing that the JW saying 'no thank you' to a blood transfusion is not doing it from total free will but because they will be ostracised if they accept.

  In the case of Bethany Hughes, blood transfusion may have made passing away easier even if it was not going to save her. It does help to have sufficient oxygen being transported around a person's body. I am in contact with a non JW who is dying of leukaemia. But her blood transfusion will continue until she dies simply because it keeps her oxygenated and comfortable.
• 

  sf

  Page three here is good stuff.

  someday place the value of a human life over their philosophical concept of freedom of religion. In my opinion, that religion line extends way too far past faith and worship in both government systems.

  This, to me, is very profound. As it is so sadly true. It would seem that this is an evil all its own.

  Nice to see ya hawkaw.

  sKally