Judge rules woman with autism can seek medically assisted death

Father had been given temporary injunction

• A Calgary judge has ruled that a woman with autism can seek a medically assisted death, concluding that stopping her from ending her life would cause her irreparable harm.

But Justice Colin Feasby said his ruling, released Monday, will be stayed for 30 days so lawyers for the father of the woman, identified only as MV, can decide whether to file an appeal.

The Calgary Court of King's Bench judge said he had to weigh the potential harm an injunction would cause the 27-year-old woman against the harm her parents would suffer if the injunction was lifted.

“The harm to MV if an injunction is granted goes to the core of her being,” Feasby said in his written ruling.

“An injunction would deny MV the right to choose between living or dying with dignity. Further, an injunction would put MV in a position where she would be forced to choose between living a life she has decided is intolerable and ending her life without medical assistance.

“This is a terrible choice that should not be forced on MV, as attempting to end her life without medical assistance would put her at increased risk of pain, suffering and lasting injury.”

But Feasby said he understood the desire of MV'S father, WV, and mother to try to keep their adult daughter alive.

The father was granted a temporary injunction the day before his daughter's assisted suicide under MAID was to take place on Feb. 1.

Lawyers for the woman sought to have the injunction lifted, arguing the decision by the woman to access MAID was a medical one that wasn't entitled to court intervention.

Feasby said despite finding the injunction would cause the daughter irreparable harm, lifting it would still cause great grief to her parents.

“The harm to WV if the injunction is not granted will be substantial,” he wrote.

“The pain of losing a child, even an adult child, is not something that any parent should experience. (The parents) have devoted their lives to raising MV from birth and have continued to support her since she has come of age.

“They will understandably be devastated by her death. For many parents, the loss of a child is a lifechanging event that they never truly recover from. The loss is immeasurable,” Feasby said.

The daughter sought MAID last year and was initially approved by one doctor, but not by a second. She then sought a third opinion and was given the necessary approval of two physicians to have an assisted death.

Feasby said his ruling did not foreclose the daughter changing her mind before the procedure is completed.

“What I know of your journey through the healthcare system from the evidence in this case suggests that you have struggled to find a doctor who could diagnose your condition and offer appropriate treatment,” he said.

Lawyer Sarah Miller, who argued on the father's behalf, suggested there needed to be greater oversight within the medical system and sought a judicial review of the decision, seeking an extension of the injunction while that occurred.

Miller declined to comment Monday on whether Feasby's decision will be appealed.