In all my time spent studying and researching the law, I don’t believe I have ever come across a story that is as shocking, heart-breaking, and unusual as the story of Baby M, the 2-year-old who recently passed away after having her life support removed. As I write, the parents of Baby M are currently held in prison on numerous criminal charges: aggravated assault, criminal negligence causing bodily harm, and failing to provide the necessities of life. One would think that after the death of Baby M, the charges will be amended to reflect this new development, but only time will tell.
In this article, I will focus, not on the criminal charges faced by the parents, but the court’s reasoning that lead to the removal of Baby M’s life support. Here is a summary the Court of Queen’s Bench of Alberta decision: Alberta (Child, Youth and Family Enhancement…
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