Tag Archives: Canada Court

Can Government Force Medical Treatment On Children?

During the past few weeks there have been several cases involving children who were ordered by government officials to take specific medical treatment in order to save their lives. The Canadian Supreme Court ruled on Friday that Manitoba social workers had the legal right to force a Jehovah Witness teenage girl to get a blood transfusion even though she argued in doing so it was equivalent to being raped. It is already clear babies and young children can be compelled to have medical treatment, but this was the first case involving a “mature minor.” The girl is fifteen and within a few months of becoming sixteen when legally she could make her own medical decisions.

The girl has been educated to believe in her religion that certain medical treatments violate God’s laws. The Court ruled that authorities could take the views of mature minors into account, but not allow these views to be paramount in making a medical decision. If it is a life threatening situation the Court decided government could intervene.

Three psychiatrists decided “A.C.” knew the consequences of her decision to reject a blood transfusion. However, has A.C. really been provided an education that enables her to make an informed decision?

Does Muslim Woman Have Right To Niqab In Court?

A Canadian judge for the first time ruled that a Muslim woman could not wear a niqab in giving testimony concerning a sexual assault case since it violated the right of a defendant to face his accuser. The case pitted issues of religious freedom vs. against the rights of a defendant. The lawyer for the Muslim woman argued a sexual assault trial was traumatic and she had a right to feel comfortable which meant she had the right to wear her niqab. He noted, a court should “respect religious rights and practices that bring comfort to a witness.” She emphasized that showing her face to a man she would not marry made her feel uncomfortable.

The judge discovered the woman had a driver’s license in which she is not wearing a veil. it is difficult to forbid a person charged with sexual assault from not being able to see the face of the accuser. He also has rights to a fair trial and not allowing her face to be shown impairs his rights. If the woman was willing to show her face on a driver’s license it is difficult for her not to show it in a court of law.

Canadian Court To Rule On Legality Of US Military Court

The Supreme Court of Canada has agreed to hear arguments about the legality of the American military prison at Guantanamo where Canadian citizen Omar Khadr is being held. The high court ruled yesterday that it would consider submissions on whether Guantanamo violates international law and dismissed objections by the Canadian government that the courts of Canada were not the place to examine actions of the United States.”In essence,” said Canada’s government, “the respondent(Khadr) wants the court to preside over a trial of the Guanatanamo trials. The Court shold refuse this invitation.”

In essence, the Spreme Court of Canada has a responsibility to convey to the United States the objections of all democratic nations of the world that its judicial system is violating international law and should get back on track by adhering to the Constitution of the United States and protect rights of all people to fair trials. There is no question the Bush administration has violated international law and, hopefully, every supreme court in the world will let it know the international community strongly objects.