TORONTO — Ontario’s top court dismissed Wednesday a legal challenge brought by a Toronto-area family that fought to keep their daughter on life support after she was declared brain-dead.
However, it said there is not enough information before the court to settle the issues that form the crux of the case, including whether those criteria constitute a violation of the right to freedom of religion. It said the same questions would likely emerge in other cases, and laid out guidelines on how to assess those arguments in the future, adding the lower court judge in this case made several errors.
“Denying the opportunity to make the argument, on the basis of a criterion whose constitutionality is the subject of the litigation, begs the question that is in dispute,” it said. Her relatives went to court to prevent doctors from taking her off life support, arguing her Christian faith defines death as the cessation of heartbeat, not brain function.
1) 'The fact that McKitty was brain dead at the time should not preclude her from challenging the criteria used to declare her dead, the appeal court said.' 🤔🤬 2) She was alive because of life-support. So if you believe in god, he was waiting for everyone to stop interfering.
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