The issue of religious beliefs came into question in the court hearing Tuesday of a Brampton woman declared brain dead in September, but remains on life support.

Taquisha McKitty, 27, was declared dead after a drug overdose in September. Her family argues that she is alive and moving, and hope to have her death certificate revoked.

McKitty’s family and friends have filed affidavits to the court, insisting that her religious beliefs do not accept brain death as a legitimate status that signifies the end of life. Brain death constitutes death in Canada, based on medical guidelines. There are no laws in Canada that define death.

McKitty attended an Apostolic Pentecostal Church.

Hugh Scher, the lawyer for McKitty’s family, told the Star outside of court that religious beliefs pose a constitutional challenge to how death is determined. He explained that states like New York, New Jersey and Illinois make this consideration.

In court, Judge Lucille Shaw denied Scher’s request to allow a 72-hour videotaping of McKitty, which her family argues would serve to provide evidence that she is alive.

Erica Baron, the lawyer representing Dr. Omar Hayani who signed McKitty’s death certificate at Brampton Civic Hospital, said that since McKitty is unable to communicate, it is hard to determine the sincerity of her religious beliefs, as she cannot express them.

The case will return to court on Nov. 30.

McKitty overdosed on a combination of cocaine, cannabinoids, benzodiazepine and oxycodone on Sept. 14, when she was found unconscious on a sidewalk, according to court proceedings.