A First Nations mother was granted the right to her daughter’s remains after a hearing in an Edmonton courtroom Wednesday.
“I’m very humbled, full of emotion,” said the mother, a member of the Louis Bull First Nation in Maskwacis.
The mother petitioned the Court of Queen’s Bench after she learned her 23-year-old daughter had died Saturday and the young woman’s former foster mother intended to donate her organs and cremate her remains.
Both practices are contrary to Indigenous beliefs.
While going to court over her daughter’s body was draining, the mother said it was a battle she needed to fight.
“I get to take my daughter home,” she said. “It’s been a long time coming.”
Daughter’s immune system compromised
The 50-year-old mother said she placed her daughter in foster care when she was four months old, because the girl’s immune system was compromised and she had juvenile diabetes.
The mother said she was heartbroken but felt she had no choice because the community did not have the medical care the girl needed.
The mother had no contact with her daughter as a child, but the two reconnected three years ago, she said.
“She was awesome, she was just amazing, just like my other children,” the mother said. “I was blown away when I first met her. She was outgoing, fun.”
She was shocked by news her daughter had been placed on life support last Wednesday at the Royal Alexandra Hospital.
She learned about it two days later, when a doctor contacted her through the on-reserve child welfare agency.
Daughter hoped to donate organs, lawyer says
The lawyer for the former foster mother, who was not in court Wednesday, told the court it was the young woman’s wishes to have her organs donated and her body cremated.
There were no documents to support the claim.
Louis Bull First Nation Chief Irvin Bull says the situation should never have happened and hopes the court ruling means no First Nations parent has to face this kind of fight again. (Sam Martin/CBC)
At the court hearing, Justice Beverly Browne ruled the mother is entitled to obtain the remains, saying the law is clear.
Browne said she hoped the former foster mother will be invited to and included in the funeral service.
Outside court the mother said she had already extended an invitation.
Friends and family held a drum ceremony outside court to celebrate the court decision.
“The reason why we’re here is to have a child released to the mother so we can conduct our ceremonies,” said Louis Bull Chief Irvin Bull. “This situation should not have happened.”