Pubdate: Sat, 22 Aug 2015
Source: Vancouver Sun (CN BC)
Copyright: 2015 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Tiffany Crawford
Page: 10

EMERGENCY HEARING TO DECIDE BABY'S FATE

The parents of a severely disabled baby on life support are seeking 
joint custody of their daughter so they can make decisions about her 
health care, including using cannabis oil to treat her seizures.

Justin Pierce and Michelle Arnold of Chilliwack, both 21, were back 
in B.C. Supreme Court Thursday after winning an injunction last week 
to stop the baby's guardian - the Fraser Valley Aboriginal Children 
and Family Services Society - from taking nearly five-month old Mary 
Jane Pierce off a ventilator.

While the society argues the baby's condition has worsened and she is 
suffering from multiple seizures up to 25 minutes long, the parents 
contend that their daughter has shown signs of improvement from the 
cannabis oil therapy and there is hope for her life.

Penny Washington, a lawyer for B.C. Women's Hospital, where Mary Jane 
is being cared for, argues keeping her alive is becoming 
"inconsistent with human dignity."

Mary Jane, who suffers multiple serious health problems, was to be 
moved to Canuck Place, where she would have been taken off a 
ventilator with the intent to let her die a natural death. However, 
B.C. Supreme Court Justice Jon Sigurdson last week allowed a 
temporary injunction.

On Friday, Sigurdson said the fate of the baby should be decided in 
provincial court, and directed the lawyers to seek an emergency 
one-day hearing for either Sept. 15 or 16. He agreed with both sides 
that there was urgency in the case because of the girl's deteriorating health.

The couple's lawyer Jack Hittrich said his clients, who lost 
guardianship when Mary Jane was born 15 weeks premature on April 5, 
never agreed to allow their baby to be taken off life support. The 
Ministry of Children and Family Development were the initial 
guardians, but it was later passed to the society because of the 
family's aboriginal background.

Pierce and Arnold signed a temporary custody order, but did so under 
duress and pressure from the ministry, Hittrich said.

"We are very disappointed in the way the ministry has handled this 
entire case," he said, outside court on Friday, adding that the judge 
who signed the order for the baby to be taken to Canuck Place wasn't 
aware of all the facts.

"My clients felt like they were bullied into signing a consent order. 
It should have been made clear that what they were talking about was 
terminating this child's life."

Les MacDonald, the lawyer for the society, refused to comment.

However in court, he told Sigurdson that the society is prepared to 
accept keeping the baby on life support for now. But he argued that 
Mary Jane's health is deteriorating and that they may reach a point 
where the taking the baby off life support is in the best interest of 
the child.

The hospital last week was allowing Pierce and Arnold to administer 
three doses a day of 200 mL of cannabis oil to help with her 
seizures. Cannabis oil contains high amounts of cannabidiol, or CBD, 
one of the main ingredients in marijuana, but has almost no 
psychoactive ingredients. In some cases, patients have claimed the 
oil significantly reduces seizures. However, according to Hittrich, 
one of the social workers decided it was not appropriate to use the 
oil because the hospital allegedly said it may be causing her harm.

Wiping away tears, Arnold said outside court Friday that she wanted 
medical tests done to prove whether the cannabis oil is working.

"They didn't do any tests while she was on the CBD oil. So what we 
need to look at is another trial and doing tests to see how she does 
while on this trial. We need to stand up and try to get the 
government to say 'yes this is appropriate, to at least try it.'"

Justin Pierce said the number and severity of seizures increased when 
they stopped giving her cannabis oil. Both Pierce and Arnold have 
epilepsy and say they've had success using cannabis oil to stop their seizures.

The Ministry of Children and Family Development said it is unable to 
comment on the specifics of the case.

"However, a situation like this is obviously a difficult one for 
everyone involved - particularly the family," it said.
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MAP posted-by: Jay Bergstrom