Closing arguments begin in B.C. MAID and faith-based hospital lawsuit | Globalnews.ca
Closing arguments have begun in a lawsuit over Medically Assisted Dying (MAID) that could have a far- reaching impact.
B.C.’s Supreme Court is hearing the case focusing on 34-year-old Sam O’Neill, who had stage four cervical cancer and had chosen MAID to end her life.
O’Neill had to be transferred from St. Paul’s Hospital to St. John’s Hospice to receive MAID in April 2023 because St. Paul’s Hospital — a Catholic facility — does not provide MAID, subjecting her to a painful 25-minute transfer to another facility.
The court is being asked to decide if publicly-funded, faith-based hospitals should be allowed to opt out of MAID.
“Like most of us, Sam had no way of knowing that when taken by ambulance to St. Paul’s, where she would spend her final days, St.Paul’s would impose the Archbishop’s beliefs, which impeded her access to MAID,” Gayle O’Neill, Sam’s mother, said outside court on Monday.
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“It stripped Sam of her dignity and caused … unnecessary pain and suffering. The act of a non-medically necessary transfer breaks their legal duty to prevent harm. It’s just cruel.”
Daphne Gilbert with Dying with Dignity Canada said they hope Chief Justice Skolrood’s decision will bring an end to the transfer that Sam had to endure.
“This trial and the decision could have sweeping implications for end-of-life care not only here in British Columbia, but across the country,” she said.
During Monday’s closing arguments, a lawyer for the plaintiff told the court if there are competing rights that need to be balanced in the public health care system, the rights of patients must prevail.
Closing arguments are expected to continue all week.
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