Well, we did it – we did have the VHS tapes turned into USB sticks!! And literally at the same time, basically, we discovered the full hearing was taped and available this ENTIRE time, so ALMOST 18 YEARS, on CPAC:

For those who may not appreciate the significance of this case, you WILL understand why / how it has changed Canada’s approach, or minimally Ontario’s, to interpreting the test of capacity to consent to treatment, if you watch and listen for the questions put to me as Amicus Curiae to the Court, making submissions from the perspective of the Appellant.

It is a bit hard for me to watch, as I barely recognize myself. I was 36, with a new babe in arms – 10 week old Scarlett Tabitha and this is what we looked like when we were there. New baby began to cry the moment she heard Mom begin her submissions, so Court staff moved her and her Dad to the video overflow room, where they watched.

17 years later I was able to take my daughter back to hear me argue another case in the SCC (G. v Ontario) but that’s another story, you can read about here:

AG (Ont) v. G in the SCC February 20 2020 What a Day!!

and See the Webcast for G v Ontario here: https://www.cpac.ca/en/programs/supreme-court-hearings/episodes/66158671/

HERE are the STARSON links to all 3 full VIDEOs of the APPEAL January 15, 2003

Link to Video of all 3 parts of the Starson v Swayze Oral Argument Jan 15 2003

THIS IS PART I OF 3

Starson in the SCC Jan 15 2003 Part I

Here you can watch the lawyers for the Ministry of Health who were Representing the Appellant Doctor (Ian Swayze or Russel Fleming, depending on the citation, which is variably noted as Starson v Swayze or Fleming ats Starson)

THIS IS PART 2 OF 3:

IT IS IN THIS ONE THAT I FIRST APPEAR AS AMICUS CURIAE AT 15:26 OF THE TAPE

Starson in the SCC Jan 15 2003 Part II

This Part (2) begins with counsel to the Intervener for the Appellants, the SSO.

PART 3 OF 3

Starson in the SCC Jan 15 2003 Part III

Intervener Support for the Respondent, by MHLC

Finally here is where you’ll find the links to the Transcript if you want to follow along and to the Judgment if you want to turn to the end of this novel:

Starson v Swayze in the SCC January 15 2003