Court allows ill teen to refuse blood transfusion on religious grounds

Published: June 9, 2005

VANCOUVER (RNS) A court here has allowed a teenage Jehovah's Witness to seek cancer treatment at a New York hospital that offers a "blood avoidance" program.

It's the latest development in a legal battle involving a 14-year-old girl, who has not been named. Last month, a British Columbia court ruled that as a minor, she cannot refuse blood transfusions even though the procedure violates her religious beliefs.

At the time, the court declared that the state has an obligation to preserve life. It found that while the girl is free to practice her faith, the guarantee to life under Canada's Charter of Rights and Freedoms trumps her religious beliefs.

But on May 17, the British Columbia Supreme Court issued an order, reached by agreement with the girl, her parents and the provincial Ministry of Child and Family Development, permitting the girl to seek treatment at Schneider Children's Hospital in New Hyde Park, N.Y.