B.H. (Next Friend of) v. Alberta (Director of Child Welfare) [2003] 7 W.W.R. 644 (Alta. C.A. April 26, 2002), leave to appeal refused by Supreme Court of Canada. [2002] S.C.C.A. No. 196 (S.C.C. July 11, 2002)

Assisted counsel for B.H.'s father at all levels of Court in this expedited series of hearings involving a child in need of protection.

B.H. was a sixteen year old girl raised in the Jehovah Witness faith who was diagnosed with Leukemia and refused blood transfusions which were part of her treatment as a result of her faith. The Province sought an application for an Order directing that B.H. would receive blood transfusions. This application was supported by B.H.'s father and opposed by B.H. and her mother.

The trial judge found that the recommended treatment was essential and that B.H. did not have the developmental experience to property make relevant decisions and as such did not qualify as a "mature minor" such that any Orders would violate B.H.'s rights under the Charter of Rights and Freedoms. B.H. appealed the decision of the Provincial Court. The Queen's Bench Justice found that B.H. was a mature minor at the time of the trial but influence from other persons subsequent to the trial had reduced B.H.'s ability to make decisions regarding treatment. Justice Kent held that the treatment was essential and found that provisions of the Child Welfare Act override the common law principle that mature minor's will is determinative in matters of medical treatment, such that a mature minor's will is a factor to be considered in medical treatment but is not determinative.

B.H. appealed the decision of the Court of Queen's Bench. The Albert Court of Appeal held that the Queen's Bench Judge did not error by considering B.H.'s maturity level at the time of proceedings at the Queen's Bench level as well as at time of trial.

B.H. appealed to the Supreme Court of Canada and leave to appeal was refused on July 11, 2002.

B.H. (Next Friend of) v. Alberta (Director of Child Welfare) [2003] 7 W.W.R. 644 (Alta. C.A. April 26, 2002), leave to appeal refused by Supreme Court of Canada. [2002] S.C.C.A. No. 196 (S.C.C. July 11, 2002)