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Christine Burke, a spokeswoman for the Ontario attorney general, said only that those involved would be “seeking clarification” of the ruling, and would add the province as a party.

“The parties intend to make a joint submission to Justice Edward when they appear on Friday,” she said.

Paul Williams, a lawyer for the family of the 11-year-old patient, stressed that the hearing date was tentative, and had already been delayed once.

He also declined to comment on what Justice Edward has in mind.

“I think I’ll leave it to him to explain. It’s unusual enough.”

Another source said the judge specifically indicated he wants the media to be present Friday.

The case revolves around the second of two Southern Ontario girls, both 11 and from neighbouring reserves, diagnosed last year with leukemia. Both started undergoing chemotherapy but then pulled out, saying they wanted to pursue aboriginal remedies instead.

They also attended a Florida alternative-health clinic, which treats advanced cancer patients with vegan, raw-food diets and other unproved therapies.

A local child-welfare agency refused requests to apprehend the children so they could be forced back into chemo. One of the girls, Makayla Sault from New Credit First Nation, died in February.

The hospital took Brant Family and Children’s Services to court last fall over its decision regarding the second girl, a resident of Six Nations reserve who cannot be named because of a court-ordered publication ban.

Judge Edward declined to force her into chemotherapy, saying the girl’s mother has a right under the Constitution to pursue traditional medicine, even if it is not validated by “the Western medical paradigm.”

The province had not been a party to the case at the time, but got involved about a month later, convincing the parties to agree to successive extensions of the usual 30-day appeal period as it held talks with the girl’s family.

National Post