Parents appeal decision to remove allowing hospital to remove child’s breathing tube

The parents of a five-year old child who has been in a coma for the past six months will appeal a Quebec Superior Court decision allowing a Montreal children’s hospital to permanently remove the breathing apparatus in a heart-breaking case that is in line with jurisprudence, according to health law experts.

The decision by Quebec Superior Court Justice Bernard Jolin, commended for being sensitive, solicitous and thoughtful, reaffirms that the best interests of the child must prevail, underlines that courts do not “strip” parents of their parental authority when going against their wishes but rather “corrects their manifestly erroneous decision,” highlights that the courts will take into account suffering as an important consideration, and illustrates the strain that may arise between faith and medical evidence.

“It’s not a judgment that breaks new ground in law but I am pleasantly surprised by the tact with which the judge goes about it,” said Montreal lawyer François Dupin, Ad.E, formerly with the Public Curator of Quebec. “He tries to explain the ins and outs of his grave decision. That’s important because if he was just concerned about the legal thing, he could have asked for the provisional execution of the judgment. But he didn’t do that. He wanted to give the parents a chance to appeal.” In Quebec, litigants challenging forced medical care have five days to ask the Quebec Court of Appeal to review the decision.

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New federal regulatory amendments allow physicians to request restricted psychedelics

The move towards making psychedelics more readily legally accessible is gaining momentum.

The federal government quietly enacted long-awaited amendments that allow healthcare practitioners to request access to restricted drugs, like psychedelics, for patients with serious or life-threatening conditions in cases where other therapies have failed, are unsuitable, or are not available in Canada. Continue reading “New federal regulatory amendments allow physicians to request restricted psychedelics”

Anti-vaxxer mom loses bid to prevent her kids from being vaccinated

An anti-vaxxer mother who believes that the COVID-19 vaccine may contain electronic chips, heavy metals and aborted fetal cells lost her bid to prevent her two children from being vaccinated.

In the latest of a growing number of COVID-related cases dealt by the courts, Quebec Superior Court Justice Steve Reimnitz withdrew the woman’s parental authority in health matters of her nine and fourteen-year old kids. Continue reading “Anti-vaxxer mom loses bid to prevent her kids from being vaccinated”

Legal questions surface around Quebec’s curfew

A province-wide four-week curfew instituted by the Quebec government to stem COVID-19 infection rates and to serve as an “electroshock therapy” to deter people who have been flouting public health measures was launched without providing any grounds based on evidence that justifies the breaches of the Canadian and Quebec Charter, according to legal experts.

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