Today, the Supreme court of Ontario shall make a decision in the case of a family from Toronto, who fought to have their daughter not off life support, despite the statement of doctors about the onset of brain death of the girl.
Takese of Machetti was 27 years old when doctors diagnosed her “death by neurological criteria,” in September of 2017 after a drug overdose, which she lost consciousness.
Her relatives went to court to prevent doctors to take her off life support, claiming that her Christian faith defines death as the cessation of heartbeat and no brain function.
They argued that in accordance with the Charter of rights and freedoms physicians must consider religious beliefs in determining death, the result of which was made the order not to disable MacCiti from the ventilator until then, until the final decision.
In the summer of 2018, the Supreme court of Ontario made the decision not in their favor, stating that the Charter not apply in this case because it applies only to “persons” and clinically dead patient legally cannot be considered the “face”.
The family challenged this decision, arguing that the definition and the statement of fact of death is the responsibility of the state, and thus can be governed by the provisions of the Charter.
Lawyers representing Dr. Macquitty, for its part argued that the appeal of the family founded on evidence which was rejected by the judge of the lower court, and that it distorts some of the facts.
They stated that the judge of rights, finding that brain death is death in the eyes of the law, and that this definition does not violate the provisions of the Charter.
The appeal decision should be rendered today will not impact on MacCiti: her family reported that the girl’s heart stopped in December 2018.