JWTruth.orgDocumented comparison resource
Search

Blood doctrine · Claim record

The proceedings the article describes are reported as Re L.D.K. (1985), 48 R.F.L. (2d) 164 (Ontario Provincial Court, Family Division); the Supreme Court of Canada summarised them in A.C. v. Manitoba, recording that two doctors put the odds of a favourable outcome at about thirty per cent and that the judge found forced treatment would cause emotional trauma outweighing the anticipated benefit.

Claim ID claim-blood-1994-kosack-citationConcerns 1985Context
Context · 1985 Verified

The proceedings the article describes are reported as Re L.D.K. (1985), 48 R.F.L. (2d) 164 (Ontario Provincial Court, Family Division); the Supreme Court of Canada summarised them in A.C. v. Manitoba, recording that two doctors put the odds of a favourable outcome at about thirty per cent and that the judge found forced treatment would cause emotional trauma outweighing the anticipated benefit. Supreme Court of Canada, 26 June 2009Awake!, 22 May 1994

Show the evidence (2 sources)
Official public record Verified

Supreme Court of Canada, “A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30, [2009] 2 S.C.R. 181”

26 June 2009 · pp.[2009] 2 S.C.R. 181 at 221-222 · paras. 62-63 (and para. 128 per McLachlin CJ) · Abella J · Supreme Court of Canada

“In Re L.D.K. (1985), 48 R.F.L. (2d) 164 (Ont. Prov. Ct. (Fam. Div.)), for example, the patient was a 12-year-old girl suffering from acute myeloid leukaemia. … In Re A.Y. (1993), 111 Nfld. & P.E.I.R. 91 (Nfld. S.C.), the court was faced with an application from the Director of Child Welfare to impose treatment on a 15-year-old Jehovah’s Witness who had cancer.”

The Supreme Court of Canada’s own summary of the two Canadian decisions described in the 22 May 1994 Awake!. Of Re L.D.K. the Court records that two doctors put the odds of a favourable outcome at around 30 per cent, that Main Prov. Ct. J. found ‘the emotional trauma [the child] would experience’ in forced treatment would outweigh the anticipated benefits (p. 169), and that he concluded ‘[T]his child’s life is equally in danger whichever path is taken’ (p. 170). Of Re A.Y. it records that Wells J noted the treatment was less than 40 per cent likely to be effective, was not ‘essential’, and was contrary to the mature adolescent’s wishes, so that he was not a child in need of protection. At para. 128 the Chief Justice describes the same boy as ‘a 15-year-old boy suffering from terminal cancer’.

Official source

Provenance and verification note

Confidence note. The official Supreme Court of Canada PDF of the judgment was downloaded from decisions.scc-csc.ca (with a Referer header, since the file otherwise returns 403), converted to text with pdftotext and read; paragraphs 62, 63 and 128 were confirmed word for word.

Corroborated by. src-g94d-kosack-judgment, src-g94d-yeatts-wells-decision

Notes. This is the best available confirmation of the citations for the Kosack and Yeatts proceedings. Neither law report was opened directly; CanLII is bot-blocked in this environment.

Accessed. 19 September 2026 · Source ID. src-g94d-scc-ac-paras-62-63

Primary JW publication Verified

Awake!, “Youths Who Have “Power Beyond What Is Normal””

22 May 1994 · p.14 · pars. 46-51 · Watchtower Bible and Tract Society of New York, Inc.

“I must find that she has been discriminated against on the basis of her religion and her age pursuant to s. 15(1). In these circumstances, upon being given a blood transfusion, her right to the security of her person pursuant to s. 7 was infringed.”

Extracts printed in the article from the decision of Judge Main. The sections cited are sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms. He also said he refused to make any order that would put the child through the ordeal of a forced transfusion, described her as ‘courageous’ with ‘wisdom and maturity well beyond her years’, and dismissed the application.

Official source

Provenance and verification note

Confidence note. Opened on the Watchtower Online Library on 19 September 2026 and the wording, page marker and paragraph confirmed against the article text.

Corroborated by. src-g-1994-0522-power-beyond-normal, src-g94d-scc-ac-paras-62-63

Notes. Reported as Re L.D.K. (1985), 48 R.F.L. (2d) 164 (Ont. Prov. Ct. (Fam. Div.)). The law report itself was not opened; the citation is confirmed from the Supreme Court of Canada.

Accessed. 19 September 2026 · Source ID. src-g94d-kosack-judgment

Claim page

A direct link to this claim is https://jwtruth.org/evidence/claim-blood-1994-kosack-citation/. Every source above opens the original document or the best available copy. If you believe the wording, date or context is wrong, report an error.