"McMaster Hospital wants CAS to seize Six Nations girl"

By Donna Duric, Writer BRANTFORD - Hamilton Health Sciences has gone to court to try and force a Six Nations girl fighting against leukemia back into chemotherapy treatment.

Hamilton Health Sciences (HHS) were in Brantford family court Monday.

The court imposed a publication ban on the hearing's proceedings and identity of the child and her parent, after Six Nations Band Council's lawyer requested it to protect the identity of the child.

The girl and her family are currently in Florida where she is receiving alternative cancer therapy.

Her mother told Turtle Island News in an interview last week doctors told her in August when she discontinued her daughter's chemotherapy that the Children's Aid Society (CAS) would have to be called.

The agency visited the family and found no need to intervene, she said last Monday.

Late Friday, however, she learned that HHS had decided to move forward with court action to force the CAS to intervene so her daughter can resume chemotherapy.

Andy Koster, director of Brant Child and Family Services, told Turtle Island News his agency is opposed to getting involved.

"We were ordered to appear," said Koster during a break in proceedings Monday morning. "This is an application by McMaster (Children's Hopsital) because we didn't act. They felt they had to. We have to defend our actions for why we didn't."

Earlier this year, the family of a New Credit girl fighting against leukemia made headlines as they also faced the threat of CAS intervention when Makayla Sault. 12, said she wanted to stop chemotherapy in favour of traditional medicine. In c1 highly publicized move, the CAS did not intervene in that case and the hospital did not try and pursue court action afterward.

Koster says he is puzzled why the hospital is pursuing court action in the Six Nations case while not pursuing court action in Makayla's case.

He said he doesn't think the Six Nations girl is in need of protection.

"I'm worried about the child's well-being," said Koster, adding that emotional well-being is an important component of a child's over well-being. "If we have a child removed from a loving family, would this not be a tremendous stress on her? That wouldn't be good for her medically. Suppose the chemo wasn't successful - you'll have a child in the last part of her life who is going to be away from her family and perhaps her community, depending on where she was (taken). If this mother is a good mother - and there's no reason to believe that she isn't - then it's difficult for us to determine that this is a child in need of protection. It should be worked out through the hospital (through) the health consent act but to our understanding that hasn't been exercised."

The Health Care Consent Act is provincial legislation that spells out the rules regarding consent to medical treatment and a provincial board exists to mediate between parties during disputes.

Mark Handelman, a lawyer specializing in health and end-of-life law, told the Turtle Island News last May that in the case of Makayla Sault, it all boiled down to whether or not the child was capable of making her own decisions.

He said there is no law in Ontario establishing an age minimum when it comes to determining whether or not a child is capable of making his or her own health care decisions.

About 10 Six Nations and New Credit community members gathered in the court Monday to provide support to the Six Nations' girl's family.

Val King, a New Credit community member, was drumming and singing outside the courthouse, while fellow supporters held up signs.

King says by pursuing court action, the hospital is not respecting First Nations culture and tradition.

"They're not really considering the indigenous knowledge that is on First Nations, within the people, within our own indigenous knowledge holders on traditional medicine and traditional practices," says King.

She suspects doctors are taking this case to court because they feel "they lost something" in the case of Makayla Sault, who Turtle Island News was told recently is in remission from leukemia.

King says doctors "didn't learn anything" from Makayla's case by "jumping the gun" and taking this one to court.

"I really hope the community comes together, and politically, all areas, to show their support for their community member," said King. "The people that gathered for Makayla - they're all willing to step up to the plate and do whatever needs to be done."

The Six Nations girl was diagnosed with leukemia in mid-August and stopped taking chemotherapy 10 days into a 30-day course of treatment due to extreme side effects: headaches, nausea, nervousness and excruciating abdominal pain. She comes from a longhouse family and started taking traditional medicine before heading off to Florida with her mother for alternative therapy in mid-September.

The family had left the area before being served by the court.

King says if CAS is ordered to force her into treatment there will be a "huge uproar" from the Six Nations and New Credit communities.

Hamilton Health Sciences were not returned.

A family member said the child is doing well and her mother does not want to comment on the court action at this time.

"We will deal with it when we get there," she said.

But she added "What is the difference between this and the New Credit case. We have a strong loving family and support so we don't see the difference."

Agnes Bongers, Public Relations and Communications specialist with Hamilton said the hospital will not be commenting at this time.