‘Death midwives’ face legal challenge over titles

The College of Midwives of B.C. wants a court injunction to stop two B.C. women from advertising that they are “death midwives.”

The college, which regulates the profession of midwifery in the province, says Pashta MaryMoon of Victoria and Patricia Keith of Surrey are not registered with the college and are illegally using the term “midwife.”

In a petition filed in B.C. Supreme Court, the college says MaryMoon describes herself as a “death midwife” on her Twitter home page and on a biography on the website Dying with Dignity Canada.

The court document says Keith describes herself as a death midwife or as a “midwife to the dying” on various web pages.

A death midwife has been described as someone who provides care to a dying person and their family throughout the process of dying.

Midwives registered through the college have a case load of clients and newborns from early pregnancy through to six weeks postpartum.

Since 1998, only registered midwives have been legally allowed to use the title “midwife” and to practice in B.C. There are currently 362 registered midwives in B.C.

In the petition, the college says that it wrote to MaryMoon in 2016 asking her to stop using the term midwife.

MaryMoon responded that there were disclaimers on the website of an organization called Canadian Integrative Network for Death Education and Alternatives, of which she is a co-founder, to ensure no confusion between the role of a birth midwife and a death midwife.

The college replied that the disclaimers did not rectify the situation, as the public had a right to know that anyone using the term “midwife” was registered with a public body.

After MaryMoon replied that she was “well aware” of the relevant legislation, but did not say whether she would comply with the college’s demand. The college warned that she faced possible legal action.

Keith was also warned against continued use of the term death midwife, according to the petition.

While a death midwife may warn her clients that she is not a registrant of the college, the public interest underlying the creation of reserved titles is injured by members of the public being allowed to dilute titles reserved to regulated professions, says the petition.

The college is seeking a permanent injunction against the two women using the title “midwife” to describe their work.

No response has yet been filed to the petition.

MaryMoon, who has been a death midwife for about a decade, said that she is still seeking legal advice and didn’t have a specific response to the college’s lawsuit, but added that she believes that a death midwife is clearly not the same as a birth midwife.

“People don’t get the two confused,” she said Tuesday. “One of the things that the college has been saying is that it’s a danger to public safety because people will confuse us as midwives. But that’s never happened.

“I’ve consulted with colleagues in Canada and the U.S. and no one has ever heard of a case where the two were confused.”

Keith could not be reached for comment.