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Teenager with leukemia to fight transfusion moves
By DAWN WALTON
With a report from Canadian Press
Saturday, February 23, 2002 – Print Edition, Page A6
CALGARY -- A teenager with leukemia will have two chances to fight a pair of Alberta court rulings that made her a ward of the province so that she could be given life-saving blood transfusions against her wishes.
Yesterday, a trial in family court was scheduled for eight days beginning on June 17, during which the province will seek temporary guardianship of the 16-year-old.
The young woman, who is a Jehovah's Witness and can't be named because of stipulations in Alberta's Child Welfare Act, doesn't want another person's blood because it contravenes her faith.
But on Monday, a family-court judge allowed Alberta's director of child welfare to apprehend the teenager after the province argued that she is not mature enough to reject the treatment.
Two days later, David Gnam, the lawyer for the teenager, asked the Alberta Court of Queen's Bench to block the blood transfusions until that ruling could be appealed. But Mr. Justice John Rooke refused the request, concluding that, without treatment, the teenager will suffer irreparable harm.
An appeal of that decision is set for April 25 and 26. If it is successful, the trial in June is moot.
Meanwhile, the controversial case has ruffled feathers in surprising quarters. The law firm representing the young woman wrote to the top judge of Alberta's Court of Queen's Bench to ask him to intervene. Chief Justice Allan Wachowich, who received the letter yesterday, called the request inappropriate. He said lawyers should know better than to ask a province's chief justice to meddle in another judge's case.
Robert Calvert, the lawyer representing the teenager's father, also called the letter inappropriate, particularly since other counsel in the case was not given notice. "Everybody was a bit ticked off that they had done that," Mr. Calvert said.
Although the teenager lives at home with both parents, each has opposing views on treatment and each has a lawyer. Her father wants her to have the blood transfusions despite a biblical text that suggests blood of animals should not be taken into the human body.
The Grade 11 student was diagnosed last week with acute myeloid leukemia.