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Family of MAID patient challenges faith-based transfer policy in court
Summary
Proceedings began in B.C. Supreme Court after the family of Samantha O'Neill, joined by Dying With Dignity Canada and a palliative care doctor, challenged a policy that requires transfers from Providence Health Care facilities for medical assistance in dying; the trial is expected to run about four weeks with closing arguments in mid‑April.
Content
Proceedings opened in B.C. Supreme Court on a case that challenges a provincial policy limiting where medical assistance in dying (MAID) can be provided. The plaintiffs include the family of Samantha O'Neill, Dying With Dignity Canada and a Vancouver palliative care doctor. They say O'Neill was moved from a Providence Health Care facility to another site to receive MAID and that the policy infringes patients' rights. The province and Providence defend the policy and note adjacent spaces such as Shoreline that have been used to provide MAID.
Key points:
- The family reports Samantha O'Neill was transferred from St. Paul's because Providence Health Care does not permit MAID inside its facilities.
- Plaintiffs are seeking a court ruling to overturn the provision that prohibits MAID in publicly funded faith-based institutions.
- Defendants named include the Providence Health Care Society, Vancouver Coastal Health and the B.C. government, which will call policymakers to explain the regulations and point to adjacent MAID spaces.
- The trial has started and is scheduled to last about four weeks, with an additional week for closing arguments in mid‑April and a decision anticipated later in the year.
Summary:
The case centers on whether the policy that restricts MAID within certain faith-based, publicly funded facilities is constitutionally compliant. The court will hear evidence in the coming weeks and then issue a ruling later in the year; Dying With Dignity Canada has said the outcome could have implications for faith-based facilities across Canada.
