Determining children's
consent for treatment
Family law lawyers say there's still tremendous
uncertainty despite Court of Appeal decision
A RECENT CASE highlights how the
Health Care Consent Act, which calls for
judges to take a child's wishes into account
when it comes to consenting to treatment, is
not the ultimate consideration in family law
cases where the court is considering reunifi-
cation therapy in child alienation cases.
In A.M. v. C.H., which dealt with a 14-year-
old child who had been estranged from his
father by his mother, the Ontario Court of Ap-
peal ruled that overlaid on the HCCA is the
Divorce Act and the Children's Law Reform
Act in Ontario, "which say the best interest of
the child are the ultimate test for the court,"
says Laurie Pawlitza, a partner in the family
law group at Torkin Manes LLP.
"In particular, it's spelled out in the Chil-
dren's Law Reform Act that, while a court is
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