Charter challenge over religious exemption in assisted dying law heads to court in B.C.

The B.C. Supreme Court has begun hearing a Charter challenge by patients, advocacy groups and a physician who say faith-based hospitals denied in-facility access to medical assistance in dying and forced transfers. Providence Health Care says its religious beliefs allow it to opt out of providing MAID and defends its actions.

The B.C. Supreme Court has started hearing a Charter challenge over whether faith-based, publicly funded hospitals can refuse to provide medical assistance in dying (MAID) on religious grounds. Plaintiffs include Dying With Dignity Canada, the family of Sam O'Neill, and a palliative physician and MAID provider who previously worked at Providence facilities. The case questions policies that allow faith-based organizations to opt out of providing MAID if patients are transferred elsewhere. Providence Health Care operates multiple Catholic facilities in Vancouver and says its religious identity informs the services it provides. Key details: - Plaintiffs say some patients have been forced to transfer from faith-based facilities to obtain MAID and that transfers have caused harm in at least one cited case. - Providence argues it acted within its religious convictions and that Section 2 Charter protections for freedom of religion prevent it from being compelled to provide services contrary to those beliefs. - The statement of claim contends that requiring transfers also affects physicians and MAID providers and may infringe their rights; a former Providence physician says she resigned in part over these policies. - Reported figures include 122 transfers out of faith-based facilities within Vancouver Coastal Health since 2023 and Health Canada data showing 349 people who received MAID in 2024 were first transferred out of a facility because of its policies. Summary: The court is now considering competing claims about patient access to MAID in publicly funded faith-based facilities and the scope of religious freedom for those institutions and providers. Plaintiffs say transfers have caused harm and deprived some people of end-of-life moments with loved ones, while Providence maintains its choice is protected by the Charter. Hearings are underway and the next legal steps or timeline for a decision are undetermined at this time.