FINLAY'S LAW
Born of Grief. Powered by Purpose and Love.
We demand that the government introduce and pass Finlay’s Law so that no other child die waiting for the care they deserve
Why We’re Petitioning
On February 9, 2024, 16-year-old Finlay van der Werken died in an Ontario hospital. Despite being triaged as a CTAS Level 2 patient (meaning he required urgent or emergent care) he waited over eight hours before being assessed by a doctor. By then, it was too late.
Finlay’s tragedy is not an isolated case. Across Ontario, children and teens are waiting dangerously long for emergency care in overcrowded hospitals. Staff are overextended, capacity is stretched to the breaking point, and children are deteriorating, and even dying, before a physician ever sees them.
The Crisis in Numbers
• Pediatric ER visits are climbing: Ontario saw 1.2 million emergency visits for children under 18 in 2022–23 (about 20% of all ER visits).
• Children wait too long for care: The average stay in an ER for admitted
patients is 19.2 hours, and only 27% are admitted within the recommended 8 hour target.
• Most hospitals may not be pediatric-ready: Approximately 85% of pediatric emergency visits in Canada occur in general (non-specialized) emergency departments which often vary widely in their pediatric readiness.
No Legal Protections for Children in Ontario ERs
Right now, Ontario has no legislation specifically protecting children in emergency rooms. That means:
• No legal wait-time standards for children.
• No mandated nurse-to-patient or physician-to-patient ratios for pediatric care.
• No legislated independent oversight or mandatory public reviews after
pediatric deaths in ERs.
Children are not small adults; they deteriorate faster, require specialized dosing and equipment, and often cannot advocate for themselves. Without enforceable standards, they remain at the greatest risk in a strained system.
What We’re Demanding: Finlay’s Law
1. Set legal maximum ER wait times for children under 18 (e.g., physician
assessment within 2 hours, admission within 8 hours).
2. Mandate safe pediatric nurse-to-patient and physician-to-patient ratios in emergency settings.
3. Establish independent oversight to audit hospitals, investigate pediatric ER deaths, and enforce compliance.
4. Mandate public, independent reviews of every pediatric death in an ER waiting area.
5. Fund better pediatric emergency readiness, including staffing, training, and infrastructure.
Our Goal
Finlay’s Law will save lives, hold hospitals accountable, and ensure no child in Ontario dies waiting for the care they urgently need.
Finlay’s voice will not be silenced.