Futility Case at Stollery’s Children’s Hospital in Alberta

A 28-month-old child lies in a hospital on life
support, with brain injuries so severe that doctors believe she’ll never recover.
 Her parents are charged with aggravated assault, criminal negligence
causing bodily harm, and failing to provide the necessities of life. They
refuse to discontinue life support for their daughter, citing their religious
beliefs. 

The Edmonton Journal describes the dispute as a
"jurisdictional mess" — with no one, it seems, empowered to act in
the child’s best interests.  “You would think for something like this
there would be clear jurisprudence, clear policy. But there just isn't, because
it implicates so many values,” says Tim Caulfield, a professor of law and
bioethics at the University of Alberta. “There is no clarity on exactly what is
futile care, and when health-care providers can make a unilateral decision to
discontinue life support.”  Hopefully, a Supreme Court decision in Rasouli will provide some much-needed guidance.