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33 - Canada

Published online by Cambridge University Press:  23 September 2009

Geoffrey Miller
Affiliation:
Yale University, Connecticut
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Summary

Although exactly how Canadian courts would rule in cases concerning the foregoing of life-sustaining treatment for extremely preterm infants is uncertain, there are some recent cases that indicate the extent of parental autonomy when they consent or otherwise to medical treatment for their children. As in other jurisdictions, the courts have a parens patriae obligation that will be exercised in the best interests of the child. The interpretation of best interests lies finally with the courts, but the law allows, as it should, broad leeway for parents to raise children as they think fit, provided it does not threaten the health and safety of those children. The law also imposes a duty of care on physicians but recognizes that there are circumstances where physicians are not obliged to treat where they believe there would be no overall benefit. In the Case of Child and Family Services of Central Manitoba v. RL,(363) a young infant suffered severe nonaccidental brain injury that eventually led to a diagnosis of a permanent vegetative state. The question before the court was whether the infant's physician could issue a “do not attempt resuscitation” order without the consent of the parents, who objected to the order. In ruling against the parents, Twaddle J A stated that:

Type
Chapter
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Extreme Prematurity
Practices, Bioethics and the Law
, pp. 168 - 172
Publisher: Cambridge University Press
Print publication year: 2006

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  • Canada
  • Geoffrey Miller, Yale University, Connecticut
  • Book: Extreme Prematurity
  • Online publication: 23 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511547355.033
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  • Canada
  • Geoffrey Miller, Yale University, Connecticut
  • Book: Extreme Prematurity
  • Online publication: 23 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511547355.033
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Canada
  • Geoffrey Miller, Yale University, Connecticut
  • Book: Extreme Prematurity
  • Online publication: 23 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511547355.033
Available formats
×