Jurist Canada court hears challenge to forced transfers for assistance in dying patients

[Dadparvar]

The Supreme Court of British Columbia (BC) heard a constitutional challenge on Monday to end forced transfers of patients seeking access to medical assistance in dying (MAiD), brought by organization Dying With Dignity Canada (DWDC).

Currently, access to MAiD in certain cases is impaired by caretakers whose religious beliefs conflict with patient requests. In some cases, patients are unable to access MAiD at all or are forced into “a painful and traumatic transfer to a different facility.” Others are denied access to hospice or palliative care because they express their desire to access MAiD.

The DWDC legal challenge alleges that the actions deny patients their Section 7 right to life, liberty, and security of the person and Section 2a freedom of conscience and religion, protected by the Charter of Rights and Freedoms.

The case arose after a terminally ill woman, Sam O’Neill, sought MAiD when her cancer was spreading rapidly and she was in “excruciating pain.” She received care at St. Paul’s Hospital, which is run by a Catholic organization and does not provide MAiD, forcing her to leave in order to access her requested care. Her parents, Gaye and Jim O’Neill, plaintiffs in the case, expressed the consequences of this transfer, stating:

She endured a painful, undignified forced transfer. Sam and our family lost our chance to say a final goodbye as she never woke up after being sedated for the transfer. Sam suffered because her beliefs did not align with that of a religious group. There was no peace in Sam’s passing.

Daphne Gilbert, a law professor at the University of Ottawa and vice-chair of the board at DWDC, helped launch the case. In the organization’s press release, she explained the significance of the case, arguing:

Health care is publicly funded by taxpayers in Canada. Many patients who end up in faith-based institutions did not choose to be there and do not share the beliefs of the organization. Government actors must remain neutral in matters of religion and not offer preferential treatment to particular religious institutions… The Charter demands respect for individual rights, including the right of be free from religious coercion.

Defendants include BC’s health ministry, the Vancouver Coastal Health Authority, and Providence Health Care. The latter operates St. Paul’s hospital and 17 other facilities, and has declined to comment on the case.

The Justice Centre for Constitutional Freedoms announced on Sunday that the Delta Hospice Society has been granted intervener status, which means they will be able to present evidence and legal arguments in the case. They argue that Section 7 of the Charter requires the availability of palliative care free from discussions of MAiD for those who seek them. Allison Pejovic, a constitutional lawyer, offered the following explanation of the group’s position:

There are many terminally ill palliative care patients in British Columbia who desire to spend their final days without being asked if they want their life ended by their health care provider. It is important that these patients are able to access a MAID-free space which upholds their human dignity, liberty, and bodily autonomy.

Parliament legalized physician assisted suicide in 2016 for eligible adults following the Supreme Court of Canada’s 2015 decision in Carter v. Canada. The law has been subject to prior challenges on grounds of excluding individuals with mental disorders and concerns of increased risk to persons with disabilities.

Current proceedings are expected to run until February 6. In a recent interview, Gilbert said she expects any judgment will be appealed to the Supreme Court of Canada.

The post Canada court hears challenge to forced transfers for assistance in dying patients appeared first on JURIST - News.

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