Family seeks change after daughter was forced to leave hospital for MAID

A Charter challenge in B.C. Supreme Court was launched by Dying With Dignity Canada and the parents of Sam O'Neill after she was transferred from St. Paul’s Hospital in 2023 to receive medical assistance in dying. The case questions a provincial exemption that allows publicly funded faith-based hospitals to refuse MAID on religious grounds.

A legal challenge began Monday in the B.C. Supreme Court over whether publicly funded, faith-based hospitals should be allowed to refuse medical assistance in dying on religious grounds. The challenge was brought by Dying With Dignity Canada and the parents of Sam O'Neill, whose transfer from St. Paul’s Hospital in 2023 is at the centre of the dispute. The issue concerns a provincial exemption that lets faith-based institutions follow religious policies on MAID. Defendants named in the case include Providence Health Care, the B.C. Health Ministry and Vancouver Coastal Health. Key points: - The court challenge was launched by Dying With Dignity Canada and Sam O'Neill’s parents, citing Charter rights concerns. - Sam O'Neill, 34, had terminal cancer and was assessed and approved for MAID before being transferred from St. Paul’s Hospital in April 2023 to receive the procedure elsewhere. - Providence Health Care says it facilitates transfers and described its position as rooted in a long-standing religious tradition that does not provide MAID on site. - The family contends the provincial exemption violated Sam O'Neill’s rights to freedom of religion and to life, liberty and security of the person; court proceedings began Monday. Summary: The legal proceeding is underway in the B.C. Supreme Court and challenges the provincial policy that exempts faith-based, publicly funded hospitals from providing MAID. The outcome could affect how such exemptions are applied in the health system. Undetermined at this time.