What is the test for determining whether a child has been discriminated against on the basis of their age?
British Columbia, Canada
The following excerpt is from B. (S.J.) v. British Columbia (Director of Child, Family and Community Service), 2005 BCSC 573 (CanLII):
Adopting the test in Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497 (S.C.C.), the appellants submit the child has been discriminated on the basis of her age—that is she is being treated differently than an adult, although she has the cognitive capacity to understand the nature and consequences of the medical treatment available and to choose between the alternatives. They say that the appropriate comparator groups are (a) persons 19 years of age and older who are permitted to decide their own medical treatment; and (b) children for whom the provisions of the CFCSA are invoked, who are incapable of deciding to give consent or who refuse consent to medical care.
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