Family in court today.
A long legal battle continues in Canada in the case of a young woman doctors say has no brain activity.
Taquisha McKitty, aged 27, was found unconscious on a sidewalk in Brampton Ontario, near Toronto, suffering effects of a drug overdose in September of 2017. Doctors later declared her brain dead and had decided to take her off life support.
The family opposed that verdict saying both their own and the woman’s religious beliefs believe there is life as long as the heart is beating and they applied for an injunction to force the doctors to keep the woman on life support. They also claimed the decision goes against the Canadian Charter of Rights and Freedoms.
An Ontario court decision this summer ruled out the Charter challenge saying it protects “persons” and as the woman is brain dead, she is not legally a person.
The judge added that death also could not be subject (in Ontario) to a person’s wishes or religious beliefs as that could have serious consequences as it could have serious consequences for the health cars system in terms of the health care costs and resources used to keep people on life support indefinitely when they show no brain activity.
Taquisha McKitty is seen here with her daughter. The family says they will appeal to the Supreme Court if necessary to maintain her on life support. (Instagram)
The family has said the woman does move her arms and legs, but further neurological tests performed due to the family’s concerns continued to show no activity and that any movement originated in the spinal cord and not the brain.
The Ontario Court of Appeal may have to rule on what constitutes death as there is no clear definition in the province. The family has said if the ruling goes against them, they hope to take it to the Supreme Court of Canada
Only Manitoba has legislation that explicitly defines death, which it says takes place “at the time at which irreversible cessation of all that person’s brain function occurs.”
In other provinces, guidelines indicate brain death as an irreversible loss of consciousness and loss of brain stem functions and the ability of the person to breathe on their own.
Additional information-sources
- Canadian Press (via Global News): P Lorriggio: Nov 9/17: Defining death
- Canadian Press (via CTV) P Loriggio: Dec 11/18:Family argues court is wrong
- CBC: L Redekopp: Dec 12/18: Who decides whether you are dead?
- Canadian Press (via CBC) Jul 31/18: Family appeals to keep woman on life support
- CBC: J Rieti: Jun 26/18: Ontario judge rules against family and life support
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