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This prompted the Court of Appeal to state: “It is insufficient to come to this court and simply attempt to file articles found on the internet which relate to the effect of Cortisol on the brain. 5419, Justice Edward heard 9 days of testimony before deciding on a hospital’s application for an order protecting an 11 year old aboriginal child diagnosed with leukemia.There is no opinion from anyone qualified to give one that these articles are authoritative. It was the hospital’s claim that the child had more than a 90% probability of recovery if treated with chemotherapy.
To do so, the appellant produced internet articles on this subject.
The more challenging of cases often involve custody, relocation, alienation and termination of contact. He stated: “In my view, the doctrine of aboriginal rights exists, and is recognized and affirmed by s.
However, at the far extreme are child welfare cases where the state intervenes accusing the parents of lacking the capacity to care for their own children. 35(1), because of one simple fact: when Europeans arrived in North America, aboriginal peoples were already here, living in communities on the land, and participating in distinctive cultures, as they had done for centuries.
Within this subset of cases are cases that involve the life and death of a child. It is this fact, and this fact above all others, which separates aboriginal peoples from all other minority groups in Canadian society and which mandates their special legal, and now constitutional, status.” The court did not end its examination on this freedom.
Although there is often a lack of expert evidence that can help guide a judge’s ruling on a case, the rules of evidence do not permit judges to rely on internet articles.In Children’s Aid Society of the Regional Municipality of Waterloo v. S., 2010 ONCA 630, a 3 judge panel from the Ontario Court of Appeal considered an appeal in a child protection case where a medical expert proffered an opinion stemming from a parental capacity assessment.