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Children's Aids Society of the Metropolitan Area

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Submitted By riya17
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B. (R.) v. Children's Aid Society of Metropolitan Toronto, 1992 CanLII 2831 (ON CA) * Facts/Summary: * SB was born 4 weeks prematurely on 1983 * Sent to Sick Children’s Hospital (Toronto) due to severe, infantile medical conditions * Glaucoma; * Sepsis; * Anaemia; * Etc. * (July 31, 1983) Parents refused doctors’ request to have a blood transfusion for their daughter * Believers of the Jevonah’s Witnesses * Thought it was unnecessary * Plus now they thought their rights are being taken away because doctors keep persisting with the transfusion * (August 18) hearing for SB * Doctors stated her health was in desperate need of a blood transfusion due to her low haemoglobin * (August 23) carried on with operation * SB recovered * Issues: * s. 7 of the Canadian Charter of Rights and Freedoms * not to be denied liberty except in agreement * Child Welfare Act violate the appellants’ freedom of religion * Held: decision * (August 18) hearing * Head of ophthalmology from Sick Children’s Hospital in Toronto testified that SB has infantile glaucoma and needs to be operated on within a week * At this point, the risk of the child’s condition outweighed that of the potential risks of blood transfusion and their parents’ religious beliefs * Main P.J. is ordering a 21-day wardship (guardianship) of SB and that intervention on the child’s parents’ beliefs is essential due to SB’s grave condition * (September 15, 1983) C.A.S. said SB’s condition had improved exponentially after the August 23rd eye operation where blood transfusion was followed through * The court agreed to it * Rule: reason for decision * It was desperate * SB’s severe, marginal condition outweighed anything else, including her parents’ religious beliefs * She would’ve died otherwise * Application:
Not Important * Conclusion: * * Dissent:

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