A Dying Child

"The interesting thing is that you would think that the law around who has legal authority in this kind of case would be settled, but in fact it`s not.  The case law is a little bit all over the place and the courts do have some reluctance, no surprise, ordering or authorizing treatment that leads to death."  Tim Caulfield, Canada Research Chair for Health Law and Policy, University of Alberta

 It is love and their religious belief, according to 34-year-old parents of three very young children, that compels them to insist that their young child suffering irreversible brain damage and very near death, not be removed from life support.  That child, all twenty-seven-months-old of her, one of a pair of twins, hovers between life and death because of shocking neglect and likely as well physical harm visited upon her by her parents.

There is the oldest child, a little boy, and he was found by investigating authorities to be well cared for and in good health.  It was an altogether-different story for the two little twin girls.  They were dangerously malnourished, and the little girl now languishing close to death in hospital was found to have sustained serious brain damage.  She was hugely underweight and in cardiac arrest.

The Edmonton Journal reports that the father of the children has filed an affidavit with the court.  He claims that taking his daughter off life support would be in stark violation of his religion.  The parents are both in prison and cannot communicate with one another, nor see any of their children. 

When authorities arrived at their home they discovered Baby M in cardiac arrest, severely malnourished, a head injury that caused brain damage. The two little girls just over two years of age, weighted 13 and 15 pounds.  Baby M`s sister will recover.  The little brother is now in foster care. 

Several Muslim groups claim Islam does not forbid the ending of life support when the brain is dead without no hope for recovery.  "You cannot really say that Islam is requiring to keep her forever in these kinds of conditions, absolutely not", according to the national president of the Canadian Islamic Congress.

Doctors looking to the medical welfare of the hospitalized child recommend removing her from artificial life support. The baby cannot breathe on her own.  She has no pupil responses, no awareness.  She is paralyzed with no hope of recovery.  She is susceptible to bouts of pneumonia and blood infection. 

And doctors believe thee are still vestiges of instinct for suffering.  A tracheotomy would be required for her to breathe. Baby M is not considered to be quite clinically brain dead, though close to it.  She is in a virtual vegetative state.  A few functioning reflexes have been recorded. 

It is unimaginable that such young, dependent, vulnerable children would have suffered so greatly in their early introduction to life.  That any parents whatever their religion, would neglect such basic needs for so long and then claim love and concern for a dying child.

A ruling is expected through Justice June Ross on Friday, at Court of Queen`s Bench.