Ontario Superior Court Justice Lucille Shaw released her long overdue decision this week in the case of a young Brampton woman pronounced dead in September, 2017, six months after closing arguments ended. Shaw concluded that Taquisha McKitty, 27, is in fact dead, rejecting arguments presented by her family that she was alive and had the right to continuing mechanical life support.
Justice Shaw determined that this woman died last September when doctors determined her brain had irreversibly ceased to function. While the wait was painful for everyone, Justice Shaw’s decision was clear: People need and deserve to know with simplicity, clarity and consistency when their family member is dead. At the heart of this ruling is the principle that identifying death has to be carried out in the same manner for all people in society, even if people choose to understand life in different ways.