State forces aboriginal child to undergo chemotherapy

PepperFritz

The Cosmic Force
Boy, 11, can't endure chemo any more, defiant father says
Jil Mahoney, Globe and Mail
May 12, 2008

He is angry, misses his family and is losing his reddish-brown hair. His dad says his "spirit's broken."

The 11-year-old Hamilton boy, who has leukemia, was seized by the Children's Aid Society last week and is being forced to undergo chemotherapy against both his and his family's wishes.

"We may still lose him and we may still lose against them, but that doesn't mean I'm going to give up," his father said in an interview yesterday.

The child's father and stepmother are exploring their legal options and friends have hired Marlys Edwardh, a prominent Toronto lawyer whose long-time law partner is veteran counsel Clayton Ruby.

Last night, about two dozen people, including members of the child's family, held a vigil in the rain outside his hospital window. The boy waved down at his supporters, who held candles in Styrofoam cups.

At a hospital appointment for routine tests last Thursday, the Children's Aid Society of Hamilton took the boy, who cannot be identified under youth-protection laws, into its temporary custody. Chemotherapy treatment was then commenced.

His family can visit him only under the watchful eyes of CAS workers and security guards; his father was evicted from the hospital in handcuffs after reacting in anger when his son was seized.

A judge earlier ruled the boy is not capable of understanding the implications of refusing chemotherapy.

Two of Canada's top pediatric oncologists have said he will die without the aggressive treatment.

The deeply spiritual youngster, who likes dancing, singing and writing stories, is to be released from hospital tomorrow after his treatment is finished, his father said. It is unclear if the CAS intends to place him in foster care or release him to his family.

A spokeswoman did not return messages yesterday.

The father called the ordeal "awful, hell on wheels."

He said he will fight to regain custody of his son, saying the boy has suffered enough.

"The best thing for him to do would ... be home with us so that if he did pass away, at least it would be home with us and we could take care of him and we could make sure that he's sent away the way he deserves to be, not poked and prodded and treated like a criminal," he said.

Family friend Belma Diamante, who hired Ms. Edwardh, said the boy's views have not been heard by the court and child welfare agency.

"Every institution and every individual, if they're claiming that we're making the best decision in [the boy's] interest, then naturally [he] has to be heard," said Ms. Diamante, who met the boy when she helped him realize his dream of dancing in The Nutcracker three years ago when she was president of the Canadian Ballet Youth Ensemble.

The child was diagnosed with acute lymphoblastic leukemia, which has a cure rate exceeding 80 per cent, when he was 7.

He underwent chemotherapy and in January, marked one year cancer-free. But the disease came back just a few weeks later.

The boy, who has aboriginal ancestry, did one round of chemotherapy in February and then decided to stop aggressive treatments in favour of natural remedies, including chelation therapy, vitamins, oregano and green tea.

Chemotherapy makes him extremely ill and causes effects such as vomiting, bloating, pain in his spine and difficulty walking.

"He told us that he didn't want to undergo any more treatment because he felt that it wasn't going to give him quality of life, that he felt that it would probably take away his life," his father explained.

"He would rather just go traditional and natural and take it for as long as it would take him so that he could be with his friends and so that he could be at home with his family and play with his sister and just try to have fun and live as long as he could live."

The boy also has fetal alcohol syndrome and is mildly intellectually delayed, his father said.

He also has serious behavioural problems, for which he takes medication. His mother died of a brain tumour when he was 4.
 
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