A Minor
Every citizen in Canada is guaranteed specific democratic and legal rights which are set out in the Canadian Charter of Rights and Freedoms. However, in the case of Bethany Hughes, a sixteen-year old girl who refused blood transfusions due to certain religious beliefs, and then was given dozens of blood transfusions against her will, it would seem that some of these rights were taken away from her because she was a minor. Such a controversial issue is multi-dimensional; one must consider many aspects of the case such as the government’s will in its doing, precedent or similar cases, and which specific rights and freedoms were being violated, if any. Because Bethany was a Jehovah’s Witness, she refused the blood transfusions in adherence to her faith and religious beliefs (Christians believe the Bible says people should not accept other’s blood into their bodies). The Canadian Charter of Rights and Freedoms states in section 2(a) that every citizen of Canada has “freedom of conscience and religion.” Bethany refused the blood transfusions because that is what she believed as a Jehovah’s Witness. In the article, it says that Bethany was given the transfusions anyway because a panel of judges agreed that even though Bethany was con . . .
In conclusion, the agreement of the age of a mature minor is too diverse throughout the country. Additionally, if the minor was agreed upon to be a “mature minor” in which several doctors and judges agreed that Bethany Hughes was, than why wasn’t she able to make her own medical decision? As mentioned before, the argument that she was influenced by fellow Jehovah’s Witnesses in is insufficient as it violates section 2(b) of the Canadian Charter of Rights and Freedoms. Which of them all is the “right one?” Bethany Hughes rights as a Canadian citizen were disregarded solely because of her age and religious beliefs. How can a teenager living in Ontario, for example, be more mature than a teenager in Alberta? They can’t; where you live in the country reflects nothing on how mature the minor is. The same argument applies to section 2(c) of the Charter of Rights and Freedoms which states that every citizen of Canada has “freedom of thought, belief, opinion and expression, including freedom of the press and other media communication. If a teenager can choose his or her own medical treatment in terms of pregnancy and sexual issues, than why not for blood transfusions. The maturity of the minor should depend on either a set, uniform age throughout the country, or to the maturity of the certain individual. ” For example, in Canada, for serious indictable offences in which a minor who is fourteen years of age or older, he or she can be transferred from youth court to adult court, and be tried, convicted and punished exactly the same as an adult. If a fourteen year old is thought to be mentally aware and mature enough to be sentenced to maximum life imprisonment for a serious indictable offence to the same degree as an adult, than why can’t a sixteen year old refuse his or her own medical treatment? Another similar argument is a teenagers right to choose his or her own medical treatment regarding birth control, abortion or treatment for impotence of sexually transmitted disease. ” Based on this precedent case, why wasn’t Bethany Hughes allowed to do the same? It comes down to this: as a sixteen-year old Canadian citizen, I want to know, in the eyes of the law, am I an adult, or am I a child? . ” Since Bethany strongly believed that the transfusion shouldn’t be given to her, it is violating her freedom of thought and belief, again, regardless of any aspect. In the Ontario case of Marc Hall, the boy who fought in court (and won) to bring his boyfriend to his Catholic school’s prom was based on the same principle: just because a person is a minor, it doesn’t eliminate any of the rights and freedoms which are guaranteed in the Charter. It seems like in every situation where a minor is involved in, there is always a different age involved in terms of the question of is the minor to be treated, tried, and even punished as an “adult. The real issue in the article is the difference of what age is considered “mature” around Canada. One might bring up the argument that the government’s will in forcing Bethany to take the transfusions is because refusing blood transfusions is life threatening, but so are sexually transmitted diseases, and on a different level, so is pregnancy and abortion because both procedures drastically change the person’s life.
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