EDMONTON - Alberta's top court has upheld a judge's ruling that a two-year-old child allegedly abused by her parents should be taken off life support.
The Appeal Court ruled that each parent will be allowed a final 20-minute visit with the girl, if Edmonton police have the resources to accompany them. Another stipulation is that the parents can't make the visit at the same time.
The parents have been charged with aggravated assault, criminal negligence causing bodily harm and failing to provide the necessities of life - charges that could be upgraded if the child dies.
The court dismissed an application that its decision be stayed so as to allow an appeal to the Supreme Court.
A Court of Queen's Bench justice agreed with doctors last week that it is in the girl's best interest to be removed from machines keeping her alive and to be provided with palliative care.
Paramedics found the girl and her twin sister, both malnourished and suffering from injuries, in an Edmonton home May 25.
The girl at the centre of the ruling was in cardiac arrest and is now in a coma. Her sister is recovering. A brother was in home as well, but he was not suffering any injuries and is now in foster care.
The parents, who cannot be named, have been denied bail and are not allowed to have contact with each other.
The Court of Queen’s Bench ruled Friday that the child – being called “M” because she cannot be identified – must be taken off life-support. Medical experts testified the girl had suffered "profound and irreversible brain injury." She can't move on her own and requires the support of a machine to breathe. She has no upper brain function and is not expected to ever recover.
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