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Judge sentences 11-year-old to death by tradition November 18, 2014

Posted by Ezra Resnick in Belief, Law, Superstition.
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Not in Saudi Arabia. Not in Afghanistan. In Canada.

An emotional dispute over a family’s decision to pull their cancer-stricken daughter out of chemotherapy ended Friday with a potentially far-reaching constitutional decision, as a judge ruled First Nations’ people have a legal right to seek out traditional native remedies.

Which apparently trumps the right of the child to not die.

[Ontario Justice Gethin Edward] rejected a request by the hospital that had been treating the 11-year-old girl to force the local children’s aid society to apprehend her so she could resume chemotherapy. Doctors have said her kind of leukemia has a 90% cure rate with modern treatment, but is an almost certain death sentence without it.

Earning applause from many in a packed courtroom Friday, the judge said traditional health care is an integral part of the family’s Mohawk culture and therefore protected by the Constitution.

What if beating children were also an integral part of the family’s culture? Or sacrificing them to the gods? What good is a constitution that fails to protect children from needless harm?

Evidence showed the mother from Six Nations reserve is “deeply committed to her longhouse beliefs and her belief that traditional medicines work,” said Judge Edward.

So the court relied on evidence to show that the mother’s beliefs are sincere, but didn’t care what the evidence says about whether those beliefs are true. Because everyone knows that statistics don’t apply to you if you don’t believe in them.

“This is not an eleventh-hour epiphany employed to take her daughter out of the rigours of chemotherapy,” he said. “Rather it is a decision made by a mother, on behalf of a daughter she truly loves, steeped in a practice that has been rooted in their culture from its beginnings.”

Harmful practices need to be rooted out, not perpetuated, no matter their pedigree. A child could understand that. How many more children must die just so a tradition might live?

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