Judge authorizes first doctor-assisted death in B.C.

Woman suffering from multiple sclerosis is allowed to end her life by lethal injection administered before May 4

A Vancouver judge has authorized the first physician-assisted death in B.C. for a woman suffering from advanced multiple sclerosis.

In approving the court exemption, B.C. Supreme Court Chief Justice Christopher Hinkson noted that the woman had filed affidavits saying she had a grievous, irremediable illness that causes her intolerable suffering that cannot be alleviated by any treatments acceptable to her.

“The petitioner’s application is supported by her own evidence, her spouse’s evidence, and further, the affidavits of her family practitioner of decades, and Dr. Ellen Wiebe, a family practitioner who has agreed to assist the petitioner in the termination of her life,” said Hinkson in a ruling released Friday.

“On the basis of this evidence in these affidavits, I find the petitioner is experiencing enduring and intolerable pain and distress and that the quality of life has deteriorated dramatically over the last six years, to the point that her suffering is now unbearable for much longer.”

Hickson said the woman — who can only be identified by the initials A.A. due to a publication ban — had sworn that she understands fully it was her decision, which she can change at any point in time.

“She was sworn, and I accept, that her decision to obtain a physicianassisted death was made freely and voluntarily, without influence or coercion by anyone.”

The judge approved a personal request from A.A. that the court make an order allowing her to have a physician-assisted death up to and including May 4, if she so chooses.

As part of the order, Dr. Wiebe is authorized to provide A.A. with a physician-assisted death in the form of voluntary euthanasia by lethal injection, in accordance with guidelines issued by the College of Physicians and Surgeons of B.C.

Either of two registered pharmacists holding practising status in B.C. and who provided affidavits have been authorized to dispense drugs for A.A. in her death. Two nurses also provided affidavits saying they are willing to assist Dr. Wiebe. The identities of the pharmacists and nurses were shielded by the court.

The court order was made necessary because assisted suicide remains illegal under the Criminal Code in Canada. In February 2015, the Supreme Court of Canada released a ruling that struck down the law as being unconstitutional. The declaration by the court was suspended for 12 months to give Parliament a chance to change the law, and then suspended for another six months.

But the court allowed for people who wish an exemption to exercise that right by applying to a court for permission for a physician-assisted death. The B.C. case is believed to be the fourth such exemption sought in Canada.