In B.C. Supreme Court on Monday, proceedings began regarding the case that will determine the ability of faith-based organizations to prohibit medical assistance in dying (MAID) within their establishments. The case was initiated by the family of Samantha O’Neill, who underwent a difficult transfer from St. Paul’s Hospital to a hospice managed by Vancouver Coastal Health to access MAID.
Outside the B.C. Supreme Court, Sam’s mother, Gaye O’Neill, accompanied by pro-MAID activists, emotionally recounted her daughter’s final moments. Samantha, 34 years old and battling Stage 4 cervical cancer, was in excruciating pain when she was rushed to St. Paul’s Hospital in March 2023. Due to the institution’s faith-based stance against MAID, she had to be moved to a hospice 25 minutes away to receive the procedure.
The distressing scene of O’Neill bidding farewell to her daughter, who was sedated for the transfer, highlights the challenges faced by MAID patients in faith-based facilities. The family, along with Dying with Dignity Canada and Dr. Jyothi Jayaraman, asserts that forcing transfers for MAID infringes on constitutional rights.
Lawyer Robin Gage presented the argument before Chief Justice Ronald Skolrood, challenging the legitimacy of publicly funded health-care institutions denying MAID. The plaintiffs aim to demonstrate the harm caused by such policies and advocate for MAID accessibility within faith-based facilities.
The trial, set to span several weeks, will feature testimonies from affected families and healthcare providers. Dying with Dignity Canada anticipates significant implications from the case nationally. The verdict is expected by late summer or early fall following closing arguments in mid-April.