Look what I found at the Canadian Supreme Court (that's the TOP court in Canada) web-site. That's right, in less than 30 days, the Jehovah's Witnesses will be in front of the TOP court in Canada arguing why a 14 year old has the right to not have a blood transfusion. So, let's put our thoughts, prayers, and "cross our fingers" for the Director of Child and Family Services as he (or she) argues in court.
Skeeter
http://cases-dossiers.scc-csc.gc.ca/information/cms/case_summary_e.asp?31955
| 2008-05-20 | A.C., et al. v. Director of Child and Family Services (Man.) (Civil) (By Leave) 31955 | Scheduled (Publication ban in case) (Publication ban on party) |
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31955A.C., et al. v. Director of Child and Family Services(Man.) (Civil) (By Leave) (Publication ban in case) (Publication ban on party) KeywordsCanadian charter - civil - Civil rights, Constitutional Law. SummaryCase summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch) for information purposes only. (Publication ban on party) | ||||||
| Last updated: 2006-05-08 Important Notices | ||||||
Docket
31955
A.C., et al. v. Director of Child and Family Services
(Man.) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
| Date | Proceeding | Filed By |
|---|---|---|
| 2008-04-09 | Intervener's book of authorities, Completed on: 2008-04-09 | Attorney General of Manitoba |
| 2008-04-08 | Intervener's factum - AG on constitutional question, Completed on: 2008-04-08 | Attorney General of Manitoba |
| 2008-04-08 | Order on motion for leave to intervene, (BY CHARRON J.) | Justice for Children and Youth |
| 2008-04-08 | Decision on the motion for leave to intervene, Cha, The motion for leave to intervene by Justice for Children and Youth is granted and the intervener shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before April 28, 2008. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted, . | |
| 2008-04-08 | Submission of motion for leave to intervene, Cha | |
| 2008-04-07 | Respondent's book of authorities, Completed on: 2008-04-07 | Director of Child and Family Services |
| 2008-04-07 | Respondent's record, Completed on: 2008-04-07 | Director of Child and Family Services |
| 2008-04-07 | Respondent's factum, (1 copie missing - CD rec'd Apr. 9/08), Incomplete | Director of Child and Family Services |
| 2008-04-07 | Appeal perfected for hearing | |
| 2008-04-02 | Correspondence received, Lewis, Day dated Apr. 1/08 re: correction pursuant to Binnie, J's direction of Mar. 28/08 (with new CD Rom) | |
| 2008-03-28 | Order on motion to strike out, (BY BINNIE J.) | Director of Child and Family Services |
| 2008-03-28 | Decision on motion to strike out, Bi, UPON MOTION by the respondent for an order expunging from the appellants’ record the affidavit of C.(A.) (Child), sworn May 30, 2006, and the attached exhibits and striking any reference to the said materials in the appellants’ factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The affidavit of C.(A.) (Child), sworn May 30, 2006, and the attached exhibits, and any reference to the said materials in the appellants’ factum, should be struck as not relevant to the present appeal. Granted, . | |
| 2008-03-28 | Submission of motion to strike out, Bi | |
| 2008-03-20 | Reply to motion to strike out, e-mail from Alfred Thiessen dated March 20/08 re: will not be filing a reply, Completed on: 2008-03-20 | Director of Child and Family Services |
| 2008-03-20 | Motion to extend time, to file the motion for leave to intervene (to March 19/08)(bookform), Completed on: 2008-04-02 | Justice for Children and Youth |
| 2008-03-19 | Response to motion to extend time, e-mail from Burke-Robertson dated March 19/08, Completed on: 2008-03-19 | Director of Child and Family Services |
| 2008-03-19 | Response to motion to extend time, (by fax) from Shane H. Brady dated March 19/08, Completed on: 2008-03-19 | A.C. |
| 2008-03-19 | Response to motion to extend time, (by fax) from Lewis, Day dated March 19/08, Completed on: 2008-03-19 | A.C. |
| 2008-03-19 | Motion for leave to intervene, (bookform), Completed on: 2008-03-19 | Justice for Children and Youth |
| 2008-03-17 | Response to the motion for leave to intervene, from Shane A. Brady dated March 14/08 (by Justice for Children and Youth), Completed on: 2008-03-17 | A.C. |
| 2008-03-17 | Response to the motion for leave to intervene, from David C. Day, Q.C. dated March 14/08 (by Justice for Children and Youth), Completed on: 2008-03-17 | A.C. |
| 2008-03-14 | Response to motion to strike out, from Shane H. Brady dated March 14/08 re: adopts Mr. Day's response, Completed on: 2008-03-14 | A.C. |
| 2008-03-14 | Response to motion to strike out, (bookform), Completed on: 2008-03-14 | A.C. |
| 2008-03-11 | Response to the motion for leave to intervene, (by fax) from MM. Cuddy and Thiessen dated March 11/08 (by Justice for Children and Youth), Completed on: 2008-03-11 | Director of Child and Family Services |
| 2008-03-04 | Motion to strike out, materials from appellants' record namely the affidavit of A.C. of May 30/06 and attached exhibits(bookform), Completed on: 2008-03-04 | Director of Child and Family Services |
| 2008-03-04 | Order on motion to adduce new evidence, (BY BINNIE J.) | A.C. |
| 2008-03-04 | Decision on motion to adduce new evidence, Bi, This appeal involves the rights of a 14-year-old child. She is a Jehovah’s Witness. She suffers from Crohn’s Disease, a chronic inflammation of parts of the gastro-intestinal tract. On Wednesday, April 12, 2006, she was admitted into hospital after suffering an internal bleed. In the early hours of Sunday morning, April 16, 2006, she suffered another internal bleed, which decreased her hemoglobin count to the point that, in the opinion of the attending medical personnel, she was faced with an imminent and serious risk to her life or health. The hospital wished to give her a blood transfusion but both she and her parents refused to consent to the receipt of any blood or blood products on religious grounds. The Director of Child and Family Services of Manitoba then applied to the court under s. 25 of The Child and Family Services Act, S.M. 1985-86, c. 8 (C.F.S.A.), to authorize qualified medical personnel to give blood transfusions despite the refusal of consent. By order dated April 16, 2006, Kaufman J. on the basis of the medical evidence of Dr. Lipnowski, concluded that without a blood transfusion there was “immediate danger as the minutes go by, if not death, then certainly serious damage”. He acknowledged that the child was mature and did not consent to a blood transfusion; nevertheless, he granted the treatment order because in his view the blood transfusions would be in the child’s best interest. The issue became moot shortly thereafter when a blood transfusion was administered. On appeal from Kaufman J., the Manitoba Court of Appeal concluded that while the issue was moot, it was capable of arising in future cases and would almost always be moot before an appeal could be taken. The Court of Appeal therefore proceeded to hear the appeal and held that the order of Kaufman J. complied with both the C.F.S.A. and with the Charter. The issues on the appeal to this Court are said to be as follows: (1) Do ss. 25(8) and (9) of the Manitoba Child and Family Services Act displace the common law principle relating to mature minors who are nevertheless in need of protection to override their refusal to essential medical treatment, and (2) if so, then have any of the mature minor’s rights under the Charter been violated and if so, are those violations justifiable? The applicants/appellants now seek to introduce as fresh evidence the affidavit of Dr. Aryeh Shandar, sworn May 25, 2006, to respond to the medical evidence of Dr. Lipnowski that formed the factual basis of Kaufman J.’s ruling on April 16, 2006. Had Dr. Shandar’s evidence been available at the time, they say, it might have affected the decision of Kaufman J. to grant the order he did. While I recognize the very strong religious views of the applicants/appellants, and their firm belief that the original order was not properly made, my view is that the proposed evidence of Dr. Shandar has no relevance to the issues to be argued on the appeal. This Court will not retry the factual case before Kaufman J. The argument on appeal is that given the evidence before Kaufman J. the order ought not to have been made as a matter of law having regard to the mature child’s clearly stated wish to refuse the blood transfusion. The applicants also seek to have this application to admit fresh evidence decided by the full panel of the Court at or following the hearing of the appeal scheduled for May 20, 2008. In my view I should deal with the application now. I believe the proferred evidence is irrelevant and destructive of the factual basis of the appeal on which leave was granted. I conclude that the motion should be dismissed without costs. The dismissal, however, is without prejudice to the right of the applicants if they so desire to renew the application for the admission of this fresh evidence to the full panel of the Court at the hearing of the appeal on May 20, 2008. If admitted, arrangements can be made for cross-examination and the subsequent filing of transcripts in the usual way. Dismissed, without costs | |
| 2008-02-28 | Notice of hearing sent to parties | |
| 2008-02-28 | Appeal hearing scheduled, 2008-05-20 | |
| 2008-02-26 | Submission of motion to adduce new evidence, Bi | |
| 2008-02-22 | Reply to motion to adduce new evidence, from David C. Day, Q.C. dated Feb. 22/08 (by fax)(original rec'd Feb. 27/08), Completed on: 2008-02-22 | A.C. |
| 2008-02-22 | Response to the motion to adduce new evidence, from Deborah Carlson dated Feb. 21/08 re: adopts the submissions of the Director of Child & Family Services, Completed on: 2008-02-22 | Attorney General of Manitoba |
| 2008-02-21 | Response to the motion to adduce new evidence, (6 copies), Completed on: 2008-02-21 | Director of Child and Family Services |
| 2008-02-11 | Correspondence received from, Shane H. Brady dated Feb. 11/08 re: supports the motion and factum | A.C. |
| 2008-02-11 | Correspondence received from, David C. Day, Q.C. dated Feb. 11/08 with pages 39.1, 2 & 3 to be inserted in the appellants' factum if the motion is granted | A.C. |
| 2008-02-11 | Supplemental document, with New Evidence (Appellants' Supplementary Record), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Appellant's book of authorities, (Vol. I to IV), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Appellant's record, (pursuant to the decision fo Binnie J.. dated Mar. 28/08, CD filed Apr. 2/08), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Appellant's factum, (new part V served by fax and rec'd Feb. 12/08 and new cd rec'd Feb. 13/08 - pursuant to the decision of Mar. 28/08, new CD rec'd Apr. 2/08), Completed on: 2008-02-11 | A.C. |
| 2008-02-11 | Motion to adduce new evidence, and for directions (bookform)(14 copies), Completed on: 2008-02-12 | A.C. |
| 2008-02-05 | Notice of change of counsel, dated Feb. 1 /08 re: from George H. Copley, Q.C. to Neena Sharma | Attorney General of British Columbia |
| 2008-01-03 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2007-12-21 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2007-12-19 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2007-12-18 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2007-12-06 | Notice of constitutional question(s), (served on Dec. 10/07) | A.C. |
| 2007-12-03 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | A.C. |
| 2007-12-03 | Decision on the motion to state a constitutional question, CJ, 1. Do ss. 25(8) and 25(9) of The Child and Family Services Act, S.M. 1985-86, c. 8, infringe s. 2(a) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Do ss. 25(8) and 25(9) of The Child and Family Services Act, S.M. 1985-96, c. 8, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 5. Do ss. 25(8) and 25(9) of The Child and Family Services Act, S.M. 1985-86, c. 8, infringe s. 15 of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? IT IS FURTHER ORDERED THAT: 1. The appellants shall serve forthwith on the Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from. 2. Any notices of intervention relating to the constitutional questions shall be served and filed on or before January 3, 2008. 3. Any person interested in applying for leave to intervene shall serve and file their motion on or before March 11, 2008. 4. Any interveners under Rule 55 or Rule 61 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before May 6, 2008. 5. Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellants any additional disbursements occasioned to the appellants by their intervention. 6. The appeal is scheduled to be heard on May 20, 2008. Granted, . | |
| 2007-11-30 | Submission of motion to state a constitutional question, CJ | |
| 2007-11-27 | Reply to the motion to state a constitutional question, Completed on: 2007-11-27 | A.C. |
| 2007-11-22 | Appeal court record, (joint with Trial Court record - 1 box) | |
| 2007-11-21 | Response to the motion to state a constitutional question, from Norm Cuddy dated Nov. 21/07, Completed on: 2007-11-21 | Director of Child and Family Services |
| 2007-11-21 | Letter advising the parties of the tentative hearing date and filing deadlines | |
| 2007-11-16 | Response to the motion to state a constitutional question, from Shane H. Brady dated Nov. 15/07, Completed on: 2007-11-16 | A.C. |
| 2007-11-16 | Motion to state a constitutional question, (bookform), Completed on: 2007-11-22 | A.C. |
| 2007-11-16 | Notice of appeal, (CD filed), Completed on: 2008-02-06 | A.C. |
| 2007-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-10-26 | Judgment on leave sent to the parties | |
| 2007-10-25 | Decision on the application for leave to appeal, Bi LeB De, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AH 06-30-06376, 2007 MBCA 9, dated February 5, 2007, is granted. Granted, . | |
| 2007-09-20 | Correspondence received from, Alfred Thiessen dated Sept. 19, 2007. Re: Not filing response on revised application | Director of Child and Family Services |
| 2007-09-17 | All materials on application for leave submitted to the Judges, Bi LeB De | |
| 2007-09-17 | Correspondence received from, A. Ludkiewicz dated Sept. 17/07 re: revised leave application | A.C. |
| 2007-09-17 | Supplemental document, REVISED LEAVE APPLICATION - as per Binnie J.'s Order dated Sept. 12/07 | A.C. |
| 2007-09-12 | Order on motion to strike out, (BY BINNIE J.) | Director of Child and Family Services |
| 2007-09-12 | Decision on motion to strike out, Bi, UPON MOTION by the respondent for an order expunging from the application for leave to appeal the affidavit of C.(A.) (Child), the reasons for judgment of Goldberg J. (June 28, 2006), and the order of Goldberg J. (June 28, 2006) and any reference to the said materials in the application for leave to appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted in part. The affidavit of C.(A.) (Child) should be struck as its contents are not relevant to the issue the Court must at this stage determine under S. 43(1)(a) of the Supreme Court Act. The motion to strike the reasons and order of Goldberg J. dated June 28, 2006, is dismissed as these materials, while of little relevance except as background narrative, are already part of the Manitoba Court record, of which this Court could, in any event, take judicial notice. Allowed in part, . | |
| 2007-09-10 | Submission of motion to strike out, Bi | |
| 2007-09-10 | Applicant's reply to respondent's argument, Completed on: 2007-09-10 | A.C. |
| 2007-09-07 | Correspondence received from, Allan Ludkiewicz dated Sept. 6/07 re: consents to the A.G. of Manitoba to be added as a party | A.C. |
| 2007-09-07 | Correspondence received from, Marie-France Major dated Sept. 7/07 re: consents to the A.G. of Manitoba to be added as a party | A.C. |
| 2007-08-30 | Intervener's memorandum of argument on application for leave, Completed on: 2007-08-30 | Attorney General of Manitoba |
| 2007-08-29 | Correspondence received from, Burke-Robertson, dated Aug. 29/07; response being filed contingent upon the motion, the Director may seek leave to file and amend response | Director of Child and Family Services |
| 2007-08-29 | Response to motion to strike out, from Deborah Carlson dated Aug. 28/07 re: supports the motion, Completed on: 2007-08-29 | Attorney General of Manitoba |
| 2007-08-29 | Book of authorities | Director of Child and Family Services |
| 2007-08-29 | Respondent's response on the application for leave to appeal, Completed on: 2007-08-29 | Director of Child and Family Services |
| 2007-08-29 | Reply to motion to strike out, from Alfred Thiessen dated Aug. 28/07, Completed on: 2007-08-29 | Director of Child and Family Services |
| 2007-08-24 | Response to motion to strike out, from Shane H. Brady dated Aug. 23/07 re: adopts the position of child A.C., Completed on: 2007-08-24 | A.C. |
| 2007-08-24 | Response to motion to strike out, (bookform), Completed on: 2007-08-24 | A.C. |
| 2007-08-17 | Motion to strike out, the affidavit of A.C. sworn July 9/07 and reasons and order of Goldberg J. rendered June 28/06 (joint with extension of time to file the respondent's response) (bookforn), Completed on: 2007-08-17 | Director of Child and Family Services |
| 2007-08-01 | Notice of change of solicitor, from Michael Thomson to Norm Cuddy | Director of Child and Family Services |
| 2007-07-20 | Correspondence received from, Allan Ludkiewicz dated July 19, 2007. Re: Replacement of page 146 in application. | A.C. |
| 2007-07-12 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-07-12 | Correspondence received from, Shane Brady dated July 12, 2007. Re: Support of application. | A.C. |
| 2007-07-12 | Book of authorities | A.C. |
| 2007-07-12 | Application for leave to appeal, Replacement of page 146 done on July 23, 2007. Signed C/A Order rec'd on Sept. 7, 2007. (SEE REVISED LEAVE APPLICATION rec'd Sept. 17/07 - as per Binnie J.'s Order), Completed on: 2007-07-12 | A.C. |
| 2007-04-26 | Order on motion to extend the time to file and/or serve the leave application, (BY ROTHSTEIN J.) | A.C. |
| 2007-04-26 | Decision on motion to extend time to file and /or serve the leave application, Ro, UPON APPLICATION by the applicants for an order extending the time to serve and file an application for leave to appeal from the February 5, 2007, decision of the Manitoba Court of Appeal for a period of not more than 60 days from the date the Manitoba Court of Appeal releases its final decision on the applicant's motion for a rehearing of the appeal which was filed March 7, 2007; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted, . | |
| 2007-04-26 | Submission of motion to extend time to file and/ or serve the leave application, Ro | |
| 2007-04-10 | Correspondence received from, A. Ludkiewicz, dated Apr. 10/07; will not be filing a reply | A.C. |
| 2007-04-10 | Correspondence received, from D. Carlson (A.G. Man.), dated Apr. 10/07; re: does not oppose the extension of time | |
| 2007-04-10 | Response to the motion to extend the time to file and / or serve the leave application, (A. Thiessen, dated Apr. 9/07) does not oppose, Completed on: 2007-04-10 | Director of Child and Family Services |
| 2007-03-27 | Motion to extend the time to file and or serve the application for leave to appeal, from the date CA Order of rehearing to 60 days (3 copies), Completed on: 2007-04-02 | A.C. |